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THE 







LAW REPORTS. 
€^f Ij^uUic (general ^tatiitM, 



PASSED IN THE 



FORTIETH AND FORTY-FIRST YEARS 

OF THE REIGN OP HER MAJESTT 

QUEEN VICTORIA, 

1877: 

WITH 

A LIST OF THE LOCAL AND PRIVATE ACTS, 

TABLES SHOWING THE EFFECT OF THE YEAR'S 

LEGISLATION, 

AND A COPIOUS INDEX. 



VOL. XIL 







LONDON: 
PBUTTED BY GEOBGE EDWAED EYEE AND WILUAM SPOTTISWOODE, 

FBDITE38 TO THE QUEEX'S MOST EXCELLENT MAJESTY, 

WILLIAM CLOWES AND SONS, 
^rinitis ia l^c Incorporitrir €anncil oi '^ixba lltportiirg for finglawb anb IBIalts, 

DUKE STBEET, STAMFORD STREET; AND 14, CHARING CROSS. 

PUBLISHING OFFICE, 51. CAREY STREET, LIXCOLN'S INN, W.a 

1877. 



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A £^ 



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A 

t 

TABLE 

OF 

The Titles of the Public General Acts passed in the Fourth 
Session of the Twenty-first Parliament of the United Kingdom 
of Great Britain and Ireland. 



1. A N Act to apply the sum of Three htmdred and fifty thousand pounds out 
-^^ of the Consofidated Fund to the service of the year ending the thirty- 
first day of March one thousand eight hundred and seventy-seven. 1 

2. An Act to provide for the preparation, issue, and payment of Trea^iury Bills, 
and make further provision respecting Exchequer Bills. 2 

3. An Act to amend the Publicans' Certificates (Scotland) Act, 1876. 4 

4. An Act to amend the Law relating to the granting of Licences for the sale 
of Beer, Ale, and Porter in Ireland. 5 

5. An Act to raise the sum of Seven hundred thousand pounds by Exchequer 
Bills or Exchequer Bonds for the service of the year ending on the thirty-first 
day of March one thousand eight hundred and seventy-seven. 6 

6. An Act to apply certain sums out of the Consolidated Fund to the service of 
the years ending on the thirty-first day of March one thousand eight hundred 
and seventy-six, one thousand eight hundred and seventy-seven, and one 
thotisand eight hundred and seventy -eight. 7 

7. An Act for punishing Mutiny and Desertion, and for the better payment of 
the Army and their Quarters. 8 

8. An Act for the Regulation of Her Majesty's Boyal Marine Forces while on 
shore. 63 

9. An Act for am^iding the Supreme Court of Judicature Acts, 1873 and 
1875. 113 

10. An Act to authorise the continuance of the Charge heretofore payable on 
certain Offices, Annuities^ Pensions, and Allowances. 114 

U. An Act to make provision with respect to Judicial proceedings in certain 
cases relating to Bating. 11& 

12. An Act to apply the sum of five million nine hundred thousand pounds out 
of the Consolidated Fund to the service of the year ending the thirty-first 
day of March one thousand eight hundred and seventy-eight. 116 

13. An Act to grant certain Duties of Customs and Inland Revenue, and to 
amend the Laws relating to Customs, Inland Bevenue, and Savings Banks. 116 

14. An Act for the Amendment of the Law of Evidence in certain cafies of 
Misdemeanor. 123 

15. An Act to amend the Public Libraries Act (Ireland), 1855. 124 

16. An Act to facilitate the removal of Wrecks obstructing Navigation. 125 

17. An Act to amend the Law relating to the Division of Courts of Quarter 
Sessions in Borougha 126 

a 2 



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iv Table of the Statutes. 40 & 41 Vicr. 

18. An Act to consolidate and amend the Law relating to Leases and Sales of 
Settled Estates. ^ 127 

19. An Act to grant Money for the purpose of Loans by the Public Works Loan 
Commissioners, and authorise those Commissioners to compound a loan and 
interest, and amend the Public Works Loans Act, ISpTS. 140 

20. An Act to fix the Salaries of the Members of the Royal Irish Constabulary, 
and to amend the eleventh section of the Constabulary (Ireland) Amendment 
Act, 1870.* 141 

21. An Act to amend the Law relating to Prisons in England. 142 

22. An Act to amend the General Police and Improvement (Scotland) Act, 
1862. 159 

23. An Act to make better provision respecting fortifications, works, buildings, 
and land situate in a Colony, and held for the defence of the Colony. 161 

24. An Act to apply the sum of twenty million pounds out of the Consolidated 
Fund to the service of the year ending the thirty-first day of March one thou- 
sand eight hundred and seventy-eight. 162 

25. An Act for regulating the Examination of persons applying to be admitted 
Solicitors of the Supreme Court of Judicature in England, and for otherwise 
amending the Law relating to Solicitors. 162 

-26. An Act to amend the Companies Acts of 1862 and 1867. 171 

JZl. An Act to grant Money for the purposes of Loans by the Commissioners of 
Public Works in Ireland, and to remit certain Loans, and to amend the Law- 
relating to Loans for public purposes by the Commissioners of Public Works in 
Ireland. 172 

'28. An Act to amend the Laws relating to Game in Scotland. 183 

29. An Act for the protection of the Property of Married Women in Scot- 
land. 187 
. 30. An Act for enabling a further Sum to be raised for the purposes of the 
Telegraph Acts, 1868 to 1870. 188 
3L An Act to give further facilities to Landowners of limited interests in 
England and Wales and Ireland to charge their estates with the expenses 
of constructing Reservoirs for the storage of Water, and other similar purposes. 

189 

32. An Act to remit certain Loans formerly made out of the Consolidated Fund 
or other Public Revenue of the United Eangdom. 192 

33. An Act to amend the Law as to Contingent Remainders. 198 
..34L. An Act to amend the Acts seventeenth and eighteenth Victoria, chapter one 

hundred and thirteen, and thirtieth and thirty-first Victoria, chapter sixty- 
nine. 198 
"35. An Act for affording facilities for the enjoyment by the Public of Open 
Spaces in the MetropoUs. 199 

36. An Act to amend *' The Registration of Leases (Scotland) Act, 1857." 200 

37. An Act for extending the Time for the Registration of Trade Marks, in so 
£Eir as relates to Trade Marks used in Textile Industries. 201 

38. An Act to continue for One Year the Board of Education in Scotland. 202 
^9. An Act to amend the Factors' Acts. 202 

40. An Act to amend the Form of Warrant of Execution on certain Extracts 
of Writs registered in the Books of Council and Session and Sheriif Court 
Books in Scotland ; and to provide for the Authentication of certain Extracts 
of Writs. 203 

41. An Act for making Provision with respect to the Preparation and Authen- 
tication of Commissions and other Documents issued from the Ofiioe of the 
Clerk of the Crown in Chancery ; and for other purposes. 206 



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1877. Public GeTieral Acta. r 

42. Au Act to amend the Law relating to the Fisheries of Oysters, Crabs, and 
Lobsters, and other Sea Fisheries. 208 

43. An Act to amend the Law with respect to the. Appointment, Payment, and 
Fees of Clerks of Justices of .the Peace and Clerks of Special and Petty 
Sessions. 213 

44. An Act to make provision respecting the Superannuation Allowance of Officers 
whose Salaries were formerly payable out of the Mercantile Marine Fund. 218 

45. An Act to limit and regulate the Treasury Chest Fund.. 219 

46. An Act to extend the provisions of the Winter Assizes Act, 1876. 220 

47. An Act for the Union under one Government of such of the South African 
Colonies and States as may agree thereto, and for the Government of such 
Union ; and for purposes connected therewith. 221 

48. An Act to make further Provision respecting the Universities of Oxford and 
Cambridge and the Colleges therein. 231 

49. An' Act to amend the Law relating to Prisons in Ireland. 248 

50. An Act to amend the Law in regard to the appointment of Sheriffs 
Substitute and Procurators Fiscal in Scotland ; to extend the jurisdiction of 
and amend the procedure in the Sheriff Courts of Scotland ; and for certain 
other purposes connected therewith. 268 

51. An Act to enable the Secretary of State in Council of India to raise Money 
in the United Kingdom for the Service of the Government of India. 271 

52. An Act for fui-ther amending the Acts relating to the raising of Money by the 
Metropolitan Board of Works ; and for other purposes relating thereto. 275 

53. An Act to amend the Law relating to Prisons in Scotland. 282 

54. An Act to amend the Public Libraries Acts. 306 

55. An Act to amend the Public Record OflGice Act, 1838. 307 

56. An Act to amend the Laws relating to County Officers and to Courts of 
Quarter Sessions and Civil Bill Courts in Ireland. . 309 

57. An Act for the constitution of a Supreme Court of Judicature, and for other 
purposes relating to the better Administration of Justice, in Ireland. 346 

58. An Act to continue for one year the Police (Expenses) Act, 1875. 396 

59. An Act to amend the Law with respect to the transfer of Stock forming part 
of the Public Debt of any Colony, and the Stamp Duty on such Transfer. 396 

60. An Act to provide for the Registration and Adulation of Canal Boats 
used as Dwellings. -JkOS 

6L An Act to apply a sum out of the Consolidated Fund to the service of 
the year ending the thirty-first day of March one thousand eight hundred 
and seventy-eighty and to appropriate the Supplies granted in this Session of 
Parliament. 408 

62. An Act to amend the Law relating to Legal Practitioners. 420 

63. An Act to amend the BuUding Societies Act, 1874. 421 

64. An Act to continue certain Turnpike Acts in Great Britain, and to repeal 
certain other Turnpike Acts ; and for other purposes connected therewith. 422 

65. An Act to prohibit the use of Dynamite or other Explosives for the 
purpose of catching or destroying Fish in Public Fisheries. 441 

66. An Act to amend the Law with respect to the Annual Returns of Local 
Taxation in England, and for other purposes relating to such Taxation. 442 

67. An Act to continue various expiring Laws. 443 

68. An Act for preventing the introduction and spreading of Insects destruc- 
tive to Crops. 446 

68. An Act to amend the Law with respect to the Grant of Municipal Charters. 

449 



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vi .Table of the Statutee. 40 & 41 Vicr. 

The Acts contained in the following List, being Public Acts of a 
Local Character, are placed amongst the Local and Personal 
Acts. 

ix. An Act to confirm three Provisional Orders under " The Drainage and Im- 
provement of Lands (Ireland) Act, 1863," and the Acts amending the same. 

XXii. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Local Government Districts of Horbury, Hyde, Luton, 
and Skipton. 

Ixxii. An Act to render valid Marriages heretofore solemnized in the Chapel 
of Ease called Saint Peter's Church, in the Parish of Almondsbury, in the 
County of Gloucester. 

IxxiiL An Act to confirm certain Provisional Orders of the Local Government 
Board under the Provisions of the Gas and Water Works Facilities Act, 1870, 
and the Public Health Act, 1875, relating to the Local Government Districts of 
Penrith, Silsden, and Ynyscynhaiam. 

Ixxiv. An Act to confirm a Provisional Order made by the Board of Trade 
under the General Pier and Harbour Act, 1861, relating to Carnarvon. 

IXXV. An Act to confirm certain Provisional Orders made by the Education 
Department under "The Elementary Education Act, 1870," to enable the 
School Boards for Cardiff, the United District of East and West Teignmouth, 
Holywell (Extra-Municipal), Homsey, Merthyr Tydfil, and Ystradgunlais 
Lower, to put in force " The Lands Clauses Consolidation Act, 1845," and the 
Acts amending the same. 

Ixxvi. An Act for confirming certain Provisional Orders made by the Board of 
Trade under the Gas and Water Works Facilities Act, 1870, relating to 
Brotton Gas, Guisbrough Gas, Bridport W^ater, Burgess Hill Water, Ruthin 
Water, and Pickering Gas and Water. 

Ixxvii. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Rural Sanitary District of the Aitrincham; Union, the 
Local Government Districts of Blaydon and Brandon and Byshottles, the 
Boroughs of Nottingham and Stoke-upon-Trent, the Local Government Dis- 
tricts of Tong Street and Torquay, and the City of Winchester. 

XCVii. An Act to confirm certain Provisional Orders made by the Board of 
Trade under The General Pier and Harbour Act, 1861, relating to Barremman 
(Gareloch), Brixham, Hornsea (North), Hornsea (South), Lynmouth, Rosslare, 
Ryde, and Towyn. 

XCViii. An Act to preserve the Fisheries in tlie Navigable Rivers and Broads 
of the counties of Norfolk and Suffolk and the county of the city of Norwick 

XCiX. An Act to provide for throwing open for the free use of the Public 
certain Toll Bridges within the Metropolis. 

C. An Act to confirm a Provisional Order of one of Her Majesty's Principal 
Secretaries of State for the Improvement of certain Unhealthy Areas in the 
City of London. 

ci. An Act to confirm a Provisional Order under "The General Police and 
Improvement (Scotland) Act, 1862," relating to the Burgh of Dumbarton. 

cii. An Act to confirm a Provisional Order of one of Her Majesty's Principal 
Secretaries of State for the Improvement of Unhealthy Areas in the Parlia- 
mentary Burgh of Greenock. 

Oiii. An Act to confirm certain Provisional Orders of one of Her Majesty's 
Principal Secretaries of State for the Improvement of certain Areas within the 
Metropolis. 



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1877. Public General Acts. vii 

civ. An Act to confirm a Provisional Order made by the Education Department 
under "The Elementary Education Act, 1870/' to enable the School Board for 
London to put in force "The Lands Clauses Consolidation Act, 1845," and the 
Acts amending the same. 

cxxi. An Act to amend the Administration of the Law relating to the New 
Forest in ihe County of Southampton ; and for other purposes. 

CXZii* Au Act fur confirming certain Provisional Orders of the Local Government 
Board for Ireland relating to the Borough of Belfast and the City of Dublin. 

cxxiii. An Act for confirming certain Provisional Orders of the Local Government 
Board for Ireland relating to Waterworks in the Towns of Ennis, Limavady, 
and Strabane. 

CXXiy. An Act for confirming certain Provisional Orders made by the Board 
of Trade under the Tramways Act, 1870, relating to Barton, Ecdes, Winton, 
and Monton Local Board Tramways, Bristol Tramways (Extensions), Hull 
Street Tramways (Extension), Manchester Suburban Tramways, Nottingham 
and District Tramways, Portsca Street Tramways, Rushohne Local Board of 
Health Tramways, and Wolverhampton Tramways. 

cxxv. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Local Government Districts of Bridlington, Dinas, and 
Grange, the Borough of Hastings, and the Local Government Districts of 
Pudsey, Tunbridge Wells, and Whittington. 

OZXVL An Act to confirm an Order made by the Board of Trade under The Sea 
Fisheries Act, 1868, relating to Falmouth. , 

CZXVii. An Act to confirm a Provisional Order under The Local Government 
Act, 1858, and The Sewage Utilization Act, 1865, relating to Dungannon. 

CXXViii. An Act to confirm a Provisional Order under "The General Police 
and Improvement (Scotland) Act, 1862," relating to the Royal Burgh of 
Glasgow. 

CZXiz. An Act for confirming certain Provisional Orders of the Local Govern- 
ment Board for Ireland relating to Waterworks in the Towns of Holywood and 
Greystones. 

OXXX. An Act to confirm certain Provisional Orders made by the Education 
Department under "The Elementary Education Act, 1870," to enable the 
School Boards for the United District of Felmingham and Kelvedon Hatch to 
put in force "The Lands Clauses Consolidation Act, 1845," and the Acts 
amending the same. 

CZXxL An Act for confirming certain Provisional Orders made by the Board 
of Trade under the Gas and Water Works Facilities Act, 1870, relating to 
Abingdon Gas, Cranleigh Gas, Horsham Gas, Mansfield Gas, Newcastle-under- 
Lyme Gas, North Camp and Famborough District Gas, and Southbank and 
Normanby Gas. 

CXXXii. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Rural Sanitary District of the Belper Union, the Borough 
of Chipping Noi-ton, the Local Government District of Clay Lane, the City of 
Exeter, the Borough of Droitwich, the Improvement Act District of Haver- 
fordwest, the Rui-al Sanitary District of the Hendon Union, the Local 
Government District of Hexham, the Boroughs of Kingston-upon-HuU, 
Portsmouth, and Saint Helens, the Local Government District of Southend, 
the Borough of Sunderland, the Local Government District of Sutton-in- 
Ashfield, and the City of York. 
CZXXiii. An Act to confirm certain Provisional Orders of one of Her Majesty's 
Principal Secretaries of State for the Improvement of certain Unhealthy Areas 
within tlie Metropolis, 



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viii TaUe of the Statutes. 40 & 41 Vict. 

CXXXiv. An Act to vest Saint Stephen's Green, Dublin, in the Commissioners 
of Public Works in Ireland ; for maintaining and regulating the same as a 
Public Park ; and for other purposes. 

CC. An Act to confirm a Provisional Order under ** The General Police and 
Improvement (Scotland) Act, 1862," relating to the Burgh of Leith. 

CCi. An Act to confirm Schemes under the Metropolitan Commons Act, 1866, 
and the Metropolitan Commons Amendfuent Act, 1869, relating respectively 
to Ealing Commons, Clapham Common, and Bostall Heath Common. 

CCiL An Act to confirm certain Provisional Orders made by the Board of Trade, 
under The General Pier and Harbour Act, 1861, relating to Aberbrothwick and 
Skerries. 

CCXZvii. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Rural Sanitary District of the Caistor Union, the 
Borough of Chesterfield, the Local Government Districts of Cleckheaton and 
Ebbw Vale, the Boroughs of Honiton and King's Lynn (two), the Bural Sanitary 
District of the Maldon Union, the Local Government Districts of New Sleaford, 
Redcar, and Sandown, the Town of Southampton (Poor Law), the Local 
Government Districts of Wallasey (two), Wallingfen, Wellingborough, and 
Ystradyfodwg. 
CCXXViii. An Act to provide for transferring to the States of the Island of 

Jersey St. Catherine's Harbour Jersey, and certain land near it. 
CCXXix. An Act to confirm certain Provisional Orders of the Local Government 
Board forming the Birmingham, Tame, and Rea Main Sewerage District, 
and the Lower Thames Valley Main Sewerage District, and constituting the 
Weymouth Port Sanitary Authority. 

CCXXZ. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Local Government District of Hyde and the Boroughs of 
Plymouth and Ryde. 

CCXL An Act to make certain provisions in regard to the Salmon Fisheries in 
the Solway Firth and its affluents. 

CCZlL An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the City of Norwich and the Boroughs of Walsall and 
Wolverhampton. 

CCZlii. An Act to confirm certain Provisional Orders of the Local Government 
Board relating to the Local Government Districts of Atherton, Barnard Castle, - 
Belgrave, Brigg, Brownhills, Cwmdu, and DawUsh, the Borough of Evesham, 
the Improvement Act Distorict of High and Low Harrogate, the Borough of 
Ipswich, the Local Government District of Newbold and Dunston, the Kural 
Sanitary District of the Settle Union, the Local Government Districts of Slough 
and Southborough, the Borough of Swansea, and the Rural Sanitary District 
of the Ulverstone Union. 



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THE 

PUBLIC GENERAL STATUTES, 

40 Victoria. 



w 



CHAPTER 1. 

An Act to apply the sum of Three hundred and fifty 
thousand pounds out of the Consolidated Fund to the 
service of the year ending the thirty-first day of March 
one thousand eight hundred and seventy-seven. 

[12th March 1877.] 
Most Gracious Sovereign, 
[TE, Your Majesty's most dutiful and loyal subjects, the Commons 
of the United Kingdom of Great Britain and Ireland, in 
Parliament assembled, towards making good the supply which we 
have cheerfully granted to Your Majesty in this session of Parlia- 
ment, have resolved to grant unto Your Majesty the sum herein- 
after mentioned; and do therefore most humbly beseech Your 
Majesty that it may be enacted ; and be it enacted by the Queen's 
most Excellent Majesty, by and with the advice and consent of the 
Lords Spiritual and Temporal, and Commons, in this present Par- 
liajnent assembled, and by the authority of the same, as follows : 

1. The Commissioners of Her Majesty's Treasury for the time lAsae of 
being may issue out of the Consolidated Fund of the United S5o»w>o/. out of 
Kingdom of Great Britain and Ireland, and apply towards making ^^*FS*^"for 
good the supply gi-anted to Her Majesty for the service of the year the semoe of 
ending on the thirty-firat day of March one. thousand eight hundred ^^ year ending 
and seventy-seven, the sum of three hundred and fifty thousand jg^?^^'*^ 
pounds. 

2. The Commissioners of the Treasury may borrow from time Power to the 
to time on the credit of the said sura, any sum or sums not Treaauiy to 
exceeding in the whole the sura of three hundred and fifty thousand ^"^'^• 
pounds, and shall repay the moneys so borrowed with interest not 
exceeding five pounds per centum per annum out of the growing 
produce of the Consolidated Fund at any period not later than 

the next succeeding quarter to that in which the said sums were 
borrowed. 

Any sums so borrowed shall be placed to the credit of the 
account of Her Majesty's Exchequer, and shall form part of the 
said Consolidated Fund, and be available in any manner in which 
such fund is available. 



[the law SEPOttTS.] A 

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2 Ch. 2. Treasury and Exchequer Bills. 40 Vict. 

CHAPTER 2. 

An Act to provide for the preparation, issue, and pay- 
ment of Treasury Bills, and make further provision 
respecting Exchequer Bills, [16th March 1877.] 

WHEREAS it is expedient to provide for the issue of Treasury 
bills in cases where the issue of Exchequer bills, by the 
Treasury is authorised : * 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 
Short titles. 1. This Act may be cited as the Treasury Bills Act, 1877. 

The Act of the session of the twenty-ninth and thirtieth years 
of the reign of Her present Majesty, chapter twenty-five, intituled 
" An Act to consolidate and amend the several laws for regulating 
*' the preparation, issue, and payment of Exchequer bills and 
** bonds,"' is in this Act refeiTcd to and may ,be cited as the 
Exchequer Bills and Bonds Act, 1866, and that Act and this Act 
may be cited together as the Exchequer and Treasury Bills Acts, 
1866 and 1877. 
DefinitionB. 2, In this Act — 

The expression "Treasury*' means the Commissioners of Her 
Majesty's Treasury. 

The expression "Bank of England" means the Governor and 
Company of the Bank of England. 

The expression ^* Comptroller and Auditor General of the receipt 
and issue of Her Majesty's Exchequer" includes, in case of the 
illness or absence of the Comptroller, the Assistant Comptroller 
and Auditor. 

The expression " financial year " means the twelve months 
beginning on the first day of April and ending on the following 
thirty-first day of March. 

The expression "prescribed" means prescribed by regulations 
made under this Act. 
Baising of 3^ Where the Treasury have authority under any Act of Par- 

St^^uf?''"^ Uament passed either before or after the passing of this Act) 
bffle. to raise money by the issue of Exchequer bills or of Treasury 

bills, the Treasury may, if they think fit, raise such money or any 
part thereof by the issue of bills under this Act. 
Form and 4. A bill under this Act (referred to in this Act as a Treasury 

re^cJ^^d" ^^^ ^^^^^ ^® * ^^^^ ^^ ^^ prescribed form, for the payment of the 
interest on principal sum named therein in the manner and at the date therein 
Treasury bills, mentioned, so that the date be not more than twelve months from 
the date of the bill. 

Interest shaU be payable in respect of a Treasury bill at such 
rate and in such manner as the Treasury direct. 
Payment of 5, AH money raised by the issue of any Treasury bill shall be 

P^«^^ bUl P*^^ ^^^^ ^^® Exchequer. 

intoExSequer, The principal money of and interest on any Treasury bill shall be 
and charge of charged on and payable out of the Consolidated Fund of the United 
d^diW*^^^ Kingdom, or the growing produce thereof, at the time and in the 
manner prescribed. 



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1877. Treasury cmd Exchequer BiUs. Ch. 2. 3 

6. Where in any financial year any Exchequer bills or Treasury Power to issue 
bills are or are about to be paid off, the Treasury may, during Exchequer bills 
that financial year, for the purpose of paying off, or of replacing buil^ru^of 
the amount expended (otherwise than out of the new sinking bills paid off 
fund) in paying off the principal money of such bills, or of any of ^""? ^® 
them, raise a sum not exceeding the amount of such principal ^^^ ^^'' 
money by the issue of Treasury bills or of Exchequer bills, or 
partly of Treasuiy bills and partly of Exchequer bills, according as 
they think most beneficial for the public service. 

Where in any financial year any Exchequer bills are paid in for 
duties the Treasury may during that financial year for the purpose 
of replacing the principal money of such bills, or any of them, raise 
a 8am not exceeding the amount of such principal money by the ' 

issue of Treasury bills or of Exchequer bills, or partly of Treasury 
bills and partly of Exchequer bills, according as they think most 
beneficial for the public service. 

This section shall apply in the case of Exchequer bills issued 
before as well a^ of those issued after the passing of this AcL 

Section twelve of the Exchequer Bills and Bonds Act, 1866, is 
hereby repealed, without prejudice to anything previously done 
under that section. 

7. Sections three and five of the Sinking Fund Act, 1875, which AppUcation of 
lekte to the application of the old and new Sinking Funds, shall ^f j^ ^^ J^Tto 
apply to Treasury bills in like manner as if they were Exchequer Treasury bills, 
bills. 

8. With respect to the issue of Treasuiy bills the following Mode of issue 
provisions shall have effect : of Treasury 

(1.) Treasury bills shall be issued by the Bank of England 
under the authority of a warrant from the Treasury, 
oountersigned by the Comptroller and Auditor General of 
the receipt and issue of Her Majesty's Exchequer ; 

(2.) Each Treasury bill shall be for the amount directed by the 
Treasury; 

(3.) Each Treasury bill shall be signed by the said Comptroller (^g^^;^/;^ ^^ x 
and Auditor General in his own name. ^^ 

9. The Treasury may from time to time make, and when made Regulations by 
rescind, alter, and add to, regulations for carrying into effect this ^reasuij as to 

A J. J ■ _ J « f preparaiion, 

Act, and in particular — isaue, and can- 

(1.) For regulating (subject to the provisions of this Act) the celiatlonofand 
preparation, form, mode of issue, mode of payment, and f^J|^^,l^ ^^ 
cancellation of Treasury bills ; Treasury bills. 

(2.) For regulating the issue of a new bill in lieu of one defitced, 

lost, or destroyed ; and 
(3.) For preventing, by the use of counterfoils or of a special 
description of paper or otherwise, fraud in relation to 
Treasury bills ; and 
(4.) For the proper discharge to be given upon the payment of 

a Treasury bilL 

Every regulation under this Act shall be laid before both Houses 

of Parliament within one month after it is made, if Parliament 

be then sitting, or if not, within one month after the then next 

meeting of Parliament. 

Every regulation purporting to be made in pursuance of this 

A 2 



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4 Ch. 2, 3. Treasury and Exchequer BUls. 40 Vict. 

section shall be deemed to be within the powers of this Act, and 

shall have effect as if it were enacted in this Act. 

Application to 10. Sections eight, nine, ten, and eleven of the Act of the 

of aT&Ts \^i*t ^^^'^^y'fo^'^^ ^^^ twenty-fifth years of the reign of Her present 

c. 98. 8B. 8-11, M^^j^^tyj chapter ninety-eight, intituled "An Act to consolidate 

relating to for- ^' and amend the Statute Law of England and Ireland relating to 

l^ds"^^*^^*^ '* indictable offences by forgery," (which sections relate to the 

forgery of and other frauds relating to Exchequer bills,) shall apply 

te Treasury bills, and shall have effect as if " Exchequer bill " in 

those sections included " Treasury bill." 

Payment to IL There shall be paid to the Bank of England out of the 

^^of Eng- Consolidated Fund of the United Kingdom, or out of the growing 

management produce thereof, for the management of the unredeemed public debt 

and expenses, in Treasury bills for the year commencing on the first day of 

December one thousand eight hundred and seventy-seven, an 

allowance at the rate of one hundred pounds for every million of 

Treasury bills outstanding on that day, and such payment shall be 

made on the first day of December one thousand eight hundred 

and seventy-eight, and the allowance for the management of 

Treasury bills shall be computed and paid in like manner in .every 

succeediug year until Parliament otherwise direct. 

The Treasury shall also on the application of the Bank of 

England reimburse out of the Consolidated Fund, or the growing 

produce thereof, any expenses incurred by the Bank of England for 

paper and printing in respect of the issue of Treasury bills. - 

Application of 12. Where any Act passed before the passing of this Act autho- 

^^45 to ^^^^ ^^^^ *^® raising of money by Exchequer bills, and the interest on 

rest on and ' ^^^^ Exchequer bills is in pursuance of the directions of that Act, 

allowance for or of the Sinking Fund Act, 1875, payable out of the permanent 

managementof annual charge for the National Debt, the interest on Treasury 

T » »• ^jjjjig jgg^ej Iq raise the said money shall be paid out of the said 

permanent annual charge. 

The allowance and expenses paid to the Bank of England in 

pursuance of this Act shall be deemed to be part of the annual 

sums payable for the management of the National Debt within 

the meaning of the Sinking Fund Act, 1875, and shall be paid 

accordingly out of the permanent annual charge for the National 

Debt. 

Bank of Eng- 13. The Bank of England may lend te Her Majesty, upon the 

^*"^ St ^f"^ credit of Treasury bills, any sum or sums not exceeding in the 

Treasury bills, whole the principal sums named in such bills. 



CHAPTER 3. 

An Act to amend the Publicans' Certificates (Scotland) 
Act, 1876. [23d March 1877.J 

WHEREAS it is expedient to amend the Publicans' Certificates 
(Scotland) Act, 1876 : 
Be it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 



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1877. PMicana' Certijicatea (Scotland). Ch. 3, 4. 5 

L This Act may be cited as "The Publicans' Certificates (Scot- Short titie. 
land) Act (1876), Amendment Act, 1877." 

2. Subsection one of section seven of the recited Act is hereby Subsection one 
repealed, and in place thereof it is enacted that the following words of^tS Act" 
shall be deemed and be taken to be the first subsection of the seventh repealed, 
section of the recited Act, and the recited Act shall be read and 
construed as if the first subsection of the seventh section thereof 

bad been originally expressed in the following words, viz.*: 

The justices of the peace in quarter sessions assembled for each 
county, except the county of the city of Edinburgh, shall at 
the meeting of quarter sessions directed by law to be held in 
August of the year one thousand eight hundred and seventy- 
six, or at any adjournment thereof, and annually in every 
subsequent year, except the year one thousand eight himdred 
and seventy-seven, during which year no such appointment 
shall be made, at the meeting of quarter sessions to be held 
in March, or any adjournment thereof, appoint from among 
themselves, for the purposes of this Act, a county licensiug 
committee, or they may appoint more tJian one such com- 
mittee, and assign to any such committee such area of 
jurisdiction as they may think expedient. 

3. Every county licensing committee already appointed under As to county 
the provisions of the said Act shall continue in oflBce until another ml^sair^V 
such committee is appointed, in manner in the said Act provided, appointed. 

at the meeting of quarter sessions to be held in March one thousand 
eight hundred and seventy-eight, or any adjournment thereof 

CHAPTER 4. arn^Szl^c^cp 
An Act to amend the Law relating to the granting of 
Licences for the sale of Beer, Ale, and Porter in Ireland. 

[23d March 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. This Act may be cited for all purposes as " The Beer Licences Short title. 
Regulation (Ireland) Act, 1877." This Act and "The Beerhouses 
(Ireland) Act, 1864,*' and *' The Beerhouses (Ireland) Act, 1864, 
Amendment Act, 1871," shall, so far as is consistent with the 
respective tenors of such Acts, be construed together as one Act, 

and may be cited together as " The Beerhouses (Ireland) Acts, 1864- 
1877/' 

2. From and after the first day of July one thousand eight No licences, 
hundred and seventy-seven, it shall not be lawful for any oflScer of ^^ffj*?' °^^j*" 
excise in Ireland to grant a licence or transfer of a licence for the of beer, &c for 
sale of beer, ale, or porter to be drunk or consumed elsewhere than consumption 
on the premises where sold, or to grant a renewal of any such ^^J^e^J^Jo 
licence as aforesaid to any person whomsoever, in respect of any be granted in 
premises, unless upon the production of a certificate that such respect of pro- 
premises, with premises belonging thereto and occupied therewith, """^ '**®^ "* 



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6 Ch. 4, 5. Beer Licences (Ireland). 40 Yict. 

less than 8/., if any, are rated for the relief of the poor for a sum of eight pounds 
nor in cities, ^j. upwards, or in respect of any premises situate in any city or 
^pij^tionex^ town, as defined by "The Licensing Act (Ireland), 1874," con- 
ceeding 10,000 taining a population exceeding ten thousand, according to the then 
unless premises jg^^ parliamentary census, unless upon the production of a certificate 

are rated at 15/. ., .^ i t ./, ,, ^ • i^ i • xi. j. j 

that such premises, with the premises belonging thereto and 
occupied therewith, if any, are rated for the relief of the poor in a 
sum of fifteen pounds or upwards ; nor tmless upon the production 
of a certificate that such rated premises, wherever situate, have 
been in the exclusive occupation of such person for a period of 
three months at the least immediately preceding the date of such 
certificate. Every such certificate as is mentioned in this section 
shall be signed by two or more justices of the peace presiding at 
the petty sessions of the district {in which such person resides, or, 
if in the Dublin Metropolitan Police district, by a divisional justice 
of the district in whidi such person resides. • All applications for 
such certificates shall be made in the same manner, and subject to 
the like conditions, as to appeal and otherwise (so far as the same 
are applicable), as are prescribed by " The Beerhouses (Ireland) Act, 
1864,'" in relation to applications for certificates under the said Act, 
as the same are amended by " The Licensing Act (Ireland), 1874/' 
Extension of 3. From and after the passing of this Act, the several provisions 
Virtif 85*^^ of the eleventh section of the Beerhouses (Ireland) Act, 1864, shall 
be and the same are hereby extended so as to apply to any person 
licensed to sell beer by wholesale to be consumed off the premises 
where sold, who shall keep his house or premises open for the sale 
of beer between the hours of seven o'clock in the morning and 
seven o'clock in the evening. 



CHAPTER 5. 

An Act to raise the sum of Seven hundred thousand 
pounds by Exchequer BiUs or Exchequer Bonds for the 
service of the year ending on the thirty-first day of 
March one thousand eight hundred and seventy-seven. 

[23d March 1877.] 
Most Gracious Sovereign, 

WE, Your Majesty's most dutiful and loyal subjects, the Commons 
of the United Elingdom of Qreat Britain and Ireland^ 
in Parliament assembled, towards raising the supply which we 
have cheerfully granted to Your Majesty in this session of Parlia- 
ment, have resolved to grant unto Your Majesty the sum herein- 
after mentioned ; and do therefore most humbly beseech Your Ma- 
jesty that it may be enacted; and be it enacted by the Queen's 
most Excellent Majesty, by and with the advice and consent of the 
Lords Spiritual and Temporal, and Commons, in this present Par- 
liament assembled, and by the authority of the same, as follows : 

Preliminary. 

Short title. 1. This Act may be cited as the Exchequer Bills and Bonds Act, 

1877. 



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1877. Exckequer BUls and Bonds (i?700,000). Ch. 5, 6. 7 

Eocchequer Bills and Bonds. 

2. Towards raising the supply granted to Her Majesty for the Treasury may 
service of the year ending on the thii-ty-first day of March one ^a^se 700,000/. 
thousand eight hundred and seventy-seven, it shall be lawful for buif or wIS! 
the Conunissioners of Her Majesty's Treasury, at any time or times 

not later than the said thirty-first day of March, to raise any sum 
or sums, not exceeding in the whole seven hundred thousand 
pounds, by the issue of Exchequer bills or Exchequer bonds in 
maimer provided by the Exchequer Bills and Bbnds Act, 1866, soj 29 & so Vict, 
however, that no E^hequer bond shall be made out for any sum ^' ^^' 
less than one hundred pounds. 

Every Exchequer bond issued in pursuance of this Act shall 
provide for the paying oflf of such bond at par at any period not 
exceeding three years nor less than twelve months from the date of 
such bond. 

3. The interest on all Exchequer bonds issued in pursuance of Interest on 
this Act shall be charged upon and issued out of the Consolidated ^^^^ and r©. 
Fond of the United Kingdom, or out of the growing produce pSSmiL^ 
thereof. 

The principal money secured by every Exchequer bond issued in 
pursuance of this Act shall be repaid out of money' provided by 
Parliament for the purpose. 

4. All money raised by Exchequer bonds issued in pursuance of Payment of 
this Act shall be paid into the receipt of Her Majesty's Exchequer T^^^^if^!!^*^ 
and carried to the Consolidated Fund of the United Kingdom, f^^ 

5. Section fifteen of the Exchequer Bills and Bonds Act, 1866, Extension of 
(which section relates to the forgery of Exchequer bills,) shall 29 & so Vict. 
apply to all Exchequer bonds issued in pursuance of this Act in L^*&c*to^^" 
like manner as if it were herein enacted with the substitution of bonds. 
Exchequer bond for Exchequer bUL 

6. The Act of the session of the twenty-ninth and thirtieth years Recited Act 
of the reign of Her present Majesty, chapter twenty-five, intituled ^^ *^® -^^ 
" An Act to consolidate and amend the several laws regulating the together? 

" preparation, issue, and payment of Exchequer bills and bonds," 
is in this Act referred to as the Exchequer Bills and Bonds Act, 
1866, and that Act and this Act may be cited together as the 
Exchequer Bills and Bonds Acts, 1866 and 1877. 



CHAPTER 6. 

An Act to apply certain sums out of the Consolidated 
Pund to the service of the years ending on the thirty- 
first day of March, one thousand eight^ hundred and 
seventy-six, one thousand eight hundred and seventy- 
seven, and one thousand eight hundred and seventy- 
eight. • [27th March 1877.] 

Most Gracious Sovereign, 

TTTE, Your Majesty's most dutiful and loyal subjects, the 

▼ ▼ Commons of' the United Kingdom of Great Britain and 

Ireland, in Parliament assembled, towards making good the supply 



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Issue of 
1,218,502/. 
6«. 9^. out of 
the Consoli- 
dated Fund for 
the service of 
the years end- 
ing 31 St March 
1876 and 1877. 



Issue of 
8,428,458/. out 
of the Consoli- 
dated Fund for 
the service of 
the year ending 
31st March 
1878. 

Power to the 
Treasury to 
borroTf. 



Ch. 6, 7. Consolidated Fund (^9,641,960 6«. 9d,). 40 Vict, 

which we have cheerfully granted to Your Majesty in this session 
of Parliament, have resolved to grant unto Your Majesty the sums 
herein-after mentioned ; and do therefore most humbly beseech 
Your Majesty that it may be enacted ; and be it enacted by the 
Queen's most Excellent Majesty, by and with the advice and 
consent of the Lords Spiritual and Temporal, and Commons, in this 
present Parliament assembled, and by the authority of the same, as 
follows : 

1. The Commissioners of Her Majesty's Treasury for the time 
being may issue out of the Consolidated Fund of the United 
Kingdom of Great Britain and Ireland, and apply towards making 
good the supply granted to Her Majesty for the service of the years 
ending on the thirty-first day of March one thousand eight hundred 
and seventy-six and one thousand eight hundred and seventy-seven, 
the sum of one million two hundred and thirteen thousand five 
hundred and two pounds six shillings and ninepence. 

2. The Commissioners of Her Majesty's Treasury for the time 
being may issue out of the Consolidated Fund of the United 
Kingdom of Qreat Britain and Ireland, and apply towards making 
good the supply granted to Her Majesty for the service of the year 
ending on the thirty-first day of March one thousand eight hundred 
and seventy-eight, the sum of eight millions four hundred and 
twenty-eight thousand four hundred and fifty-eight pounds. 

3. The Commissioners of the Treasury may borrow from time 
to time on the credit of the said sums, any sum or sums not 
exceeding in the whole the sum of nine millions six hundred and 
forty-one thousand nine hundred and sixty pounds six shillings and 
ninepence, and shall repay the moneys so borrowed with interest 
not exceeding five pounds per centum per annum out of the growing 
produce of the Consolidated Fund at any period not later than the 
next succeeding quarter to that in which the said sums were 
borrowed. 

Any sums so borrowed shall be placed to the credit of the account 
of Her Majesty's Exchequer, and shall form part of the said 
Consolidated Fund, and be available in any manner in which such 
fund is available. 



Number of m< 
to consist of 
188,720, in- 



CHAPTER 7. 

An Act for punishing Mutiny and Desertion, and for the 
better payment of the Army and their Quarters. 

[24th April 1877.] 

"TTTHEREAS the raising or keeping a standing army within the 
▼ ▼ United Kingdom of Great Britain and Ireland in time oi 
peace, unless it be with the consent of Parliament, is against law : 

And whereas it is adjudged necessary by Her Majesty and this 
present Parliament that a body of forces should be continued for 
the safety of the United Kingdom, and the defence of the posses- 
sions of Her Majesty^s Crown, and that the whole number of such 
forces should consist of one hundred and thirty-three thousand 
seven hundred and twenty men, including those to be employed at 



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1877. Mutiny. Cn, 7. 9 

the depdts in the United Kingdom of Qreat Britain and Ireland for eluding those 
the training of recruits for service at home and abroad, but exclusive ^^^^^^ ** 
of the numbers actually serving within Her Majestj^'s Indian Cnited King- 
possessions : dom, but 

And whereas no man can be forejudged of life or limb, or subjected SaBe*acttiall3- 
in time of peace to any kind of punishment within this realm, by sendng in 
martial law, or in any other manner than by judgment of his peers, ^^^^ 
and according to the known and established laws of this realm ; 
yet nevertheless it being requisite, for the retaining all the before- 
mentioned forces and other persons specified in this Act in tlieir 
duty, that an exact discipline be observed, and that soldiers who 
shall mutiny or stir up sedition, or shall desert Her Majesty's service, 
or be guilty of crimes and offences to the prejudice of good order 
and military discipline, be brought to a more exemplary and speedy 
punishment than the usual forms of the law will allow : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

L It shall be lawful for Her Majesty to make Articles of War for Articles of War 
the better government of Her Majesty's army, which articles shall Matw^^to be 
be judicially taken notice of by all judges and in all courts what- judicially taken 
soever ; and copies of the same, printed by the Queen's printer, shall ^^^p^ ^^\ "^ 
as soon as may be after the same shall have been made and esta- by^the Queen's 
blished by Her Majesty, be transmitted by Her Majesty's Secretary printer to be 
of State for the War Department to the judges of Her Majesty's I^Mismitted to 
superior courts at Westminster, Dublin, and Edinburgh respectively, ''" *"' ^' 
and also to the governors of Her Majesty's dominions abroad : Pro* 
vided that no person within the United Kingdom of Great Britain 
and Ireland, or within the British Isles, shall. by such Articles of 
War be subject to suffer any punishment extending to life or limb, 
or to be kept in i>enal servitude, except for crimes which are by 
this Act expressly made liable to such punishments as aforesaid, or 
shall be subject, with reference to any crimes made punishable by 
this Act, to be punished in any manner which shall not accord with 
the provisions of this Act : Provided also, that nothing in this Act 
contained shall in any manner prejudice or affect any Articles of 
War or other matters made, enacted, or in force, or which may 
hereafter be made, enacted, or in force, under the authority of the 
€k>vemmait of India, respecting officers or soldiers or followers in 
Her Majesty's Indian army, being natives of India ; and on the 
trial of all offences committed by any such native officer or soldier 
or follower, reference shall be had to the Articles of War framed 
by the Qovemment of India for such native officers, soldiers, or 
followers, and to the established usages of the service. 

2. All the provisions of this Act and any Articles of War made Persons subject 
in pursuance of this Act, shall apply to all persons who are or shall ^ ***** ^^^ 
be commissioned or in pay as an officer, whether of the regular 
forces or the militia, or who are or shall be listed or in pay as a 
non-commissioned officer or soldier, and to all warrant officers, and 
to all persons employed on the recruiting service receiving pay, and 
aU pensioners receiving allowances in respect of such service, and to 
persons who are or shall be hired to be employed in the royal 



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10 Ch.-7. Mubimy. 40 Vict. 

artillery^ royal engineers, and to master gunners, and to conductors 
of' stores, and to the corps of royal military surveyors and drafts- 
men, and to all officers and persons who are or shall be serving in 
the commissariat and ordnance store departments, and to officers 
and soldiers serving in the army hospital corps, or the army service 
corps, and to persons in the War Department, who are or shall be 
serving with any part of Her Majesty's army at home or abroad, 
under the command of any commissioned officer, and (subject to 
and in accordance with the provisions of an Act passed in the 
thirtieth and thirty-first years of the reign of Her present Majesty, 
chapter one hundred and ten,) to any out-pensioners of the Royal 
Hospital, Chelsea, who may be called out on duty in aid of the 
civil power, or for muster or inspection, or who having volunteered 
their services for that purpose shall be kept on duty in any fort, 
town, or garrison, and to all civil officers who are or shall be 
employed by or act under the Secretary of State for War at any of 
Her Majesty's establishments in the islands of Jersey, Guernsey, 
Aldemey, Sark, and Man, and the islands thereto belonging, or at 
foreign stations ; and all the provisions of this Act shall apply to 
all persons belonging to Her Majesty's Indian forces who are or 
shall be commissioned or in pay as officers, or who shall be listed 
or in pay as non-commissioned officers or soldiers, or who are or 
shall be serving or hired to be employed in tjie artillery or any of 
the trains of aj*tillery, or as master gunners or gunners, or as con- 
ductors of stores, or who are or shall be serving in the department 
of engineers, or in the corps of sappers and miners, or pioneers, or 
as military surveyors or draftsmen, or in the ordnance or public 
works or commissariat departments, and to all storekeepers and 
other civil officers employed under the ordnance, and to all veteri- 
nary surgeons, medical storekeepers, apothecaries, hospital stewards, 
and others serving in the medical department of the said forces, and 
to all licensed sutlers, and all followers in or of any of the said 
forces ; provided that nothing in this Act contained shall extend to 
affect any security which has been or shall be given by any officers, 
or their sureties, for the due performance of their respective offices, 
but that all such securities shall be and remain in full force and 
effect: 

And this Act, and any Articles of War made in pursuance of this 
Act, shall apply to aU persons receiving pay as members of the 
permanent staff of any militia, yeomanry, or volunteer regiment or 
corps, and to all persons being enrolled in the militia who are 
attached for purposes of instruction, or otherwise, to a regiment or 
body of troops of the regular forces, and to all militia recruits 
and other persons in the militia receiving pay during the period 
of preliminary training, when the militia battalions to which they 
belong are not for the time being out for training and exercise, 
and to any officer of the yeomanry or volunteer forces, whether 
in receipt of pay or otherwise, during and in respect of the time 
when with his own consent he may be attached to or doing duty 
with any body of troops then subject to this Act, whether of the 
regular, reserve, or auxiliary forces, or to any such officer when 
ordered on duty by the military authorities, and to all men en- 
rolled in the reserve force when called out for training or exercise, 



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1877. Mutiny. Oh. 7. 11 

or when kept on duty having volunteered then* services, or when 
called out in aid of the civil power, or when called out on perma- 
nent service under Her Majesty's proclamation, and to all men 
enrolled in the army reserve during and in respect of other periods 
to the extent and in the manner provided in the one hundred and 
seventh section of this Act : And all such persons shall, during such 
periods, and in respect of offenoes committed during such periods 
be deemed to be part of the regular forces for the purposes of this 
Act in respect of billeting, discipline, trial, and punishment. 

3. This Act shall e^^nd to the islands of Jersey, Quemsey, FroTimons of 
Aldemey» Sark, and Man, and the islands thereto belonging, as to ***|?;^*^ * • 
the provisions herein contained for enlisting of recruits, whether ^^ Guctdbot", 
minors or of fttU age, and swearing and attesting such recruits, &c/ 

and for mustering and paying, and as to the provisions for the 
trial and punishment of officers and soldiers who shall be charged 
with mutmy and desertion, or any other of the offences which are 
by this Act declared to be punifihable by the sentence of a court- 
martial, and also as to the provisions which relate to the punish-* 
ment of persons who shall conceal deserters, or shall knowingly buy, 
exchange, or otherwise receive any arms, medals for good conduct 
.or for distinguished or other service, clothes, military furniture, or 
r^imental necessaries from any soldier or deserter, or who shall 
cause the colour of any such clothes to be changed, or who shall aid 
in the escape of a prisoner &om a military prison, or who shall in- 
troduce forbidden articles into such prison or shall carry out any 
sach articles, or who shall assault any officer of such prison, and 
also as to the provisions for exempting soldiers £rom being taken 
out of Her Majesty's service for not supporting or for leaving 
chargeable to any parish any wife or child or children, or on account 
of any breach of contract to serve or work for any employer, or on 
account of any debts under thirty pounds in the said islands. 

4. All officers and soldiers of any troops mustered and in pay Colonial and ^ 
which shall be raised and serving in any of Her Majesty's dominions fordgn teoop« 
abroad, or in places in possession of or occupied by Her Majesty's ^ty?pay"to 
sabjects under the command of any officer having any commission be subject to 
inmiediately from Her Majesty, shall be subject to the provisions of ^7?^®^ ®^ 
this Act and of Her Majesty's Articles of War in like manner as 

Her Majesty's other forces are ; and if such officers and soldiers, 
having been made prisoners, be sent into Qreat Britain or Ireland, 
although not allowed to serve therein, all the provisions of this 
Act in regard to billeting soldiers shall apply to such officers and 
soldiers. 

5. Nothing in this Act contained shall be construed to extend to ProTision as 
any militia forces or yeomanry or volunteer corps in Great Britain ^ *^® militia 
or Ireland, or to the reserve force provided for by " The Reserve ^ v^mS? 
Force Act, 1867," or to the reserve force provided for by "The corps or re- 
Militia Reserve Act, 1867," excepting as stated in the second ^^^ ^°'*«- 
section of this Act, and as herein-after enacted, or where by any 

Act for regulating any of the said forces or corps the provisions 
contained in any Act for j)unishing mutiny and desertion are or 
shall be specificsJly made applicable to such forces or corps. 

6. For the purpose of bringing offenders against this Act and Power to con- 
against the Articles of War to justice, Her Majesty may from time m^ti^ "^ 



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12 



Ch.7. 



Mutiny. 



40 Vict. 



Place where 
offenders may 
be tried. 



Powers of 
general coorts- 
martial. 



Powers of dis- 
trict or garri* 
son courts- 
martiaL 



to time, in like manner as has been heretofore used, grant com- 
missions under the Boyal Sign Ma.nual for the holding of courts- 
martial within the United Kingdom of Great Britain and Ireland, 
and may grant commissions or warrants under the said Royal Sign 
Manual to the chief governor or governors of Ireland, the commander 
of the forces, or the person or persons commanding in chief, or 
commanding for the time being, any body of troops belonging to 
Her Majesty's army, as well within the United Kingdom of Great 
Britain and Ireland and the British Isles as in any of Her Majesty's 
garrisons and dominions or elsewhere beyond seas, for convening 
courts-martial, and for authorising any officer under their respective 
commands to convene courts-martial, as occasion may require, for 
the trial of oflTences committed by any of the forces under the 
command of any such last-mentioned officer, whether the same shall 
have been committed before or after such officer shall have taken 
upon him such command : Provided that the officer so authorised be 
not below the degree of a field officer, except in detached situations 
beyond seas where a field officer is not in command, in which case 
a captain may be authorised to convene district or garrison courts- 
martial : Every officer so authorised to convene courts-martial may 
confirm and cause to be executed, or may suspend, mitigate, or 
remit the whole or any unexpired portion of the sentence of any 
court-martial convened by him, or by any officer previously so 
authorised, according to the terms of his warrant. 

7. Any person subject to this Act who shall, in any part of Her 
Majesty's dominions or elsewhere, commit any of the offences for 
which he may be liable to be tried by court-martial by virtue of 
this Act or of the Articles of War, may be tried and punished for 
the same in any part of Her Majesty's dominions or in any other 
place whereto he may have come or where he may be after the 
commission of the offence, as if the offence had been committed 
where such trial shall take place. 

8. Every general court-martial convened within the United 
Kingdom or the British Isles shall consist of not less than nine 
commissioned officers, each of whom shall have held a commission 
for three years before the date of the assembly of the court. Every 
general court-martial shall have power to sentence any officer or 
soldier to suffer death, penal servitude, imprisonment, forfeiture of 
pay or pension, or any other punishment which shall accord with 
the usage of the service : No sentence of death by a court-martial 
shall pass unless two thirds at least of the officers present shall 
concur therein ; no sentence of penal servitude shall be for a period 
of less than five years ; and no sentence of imprisonment shall be for 
a period longer than two years. 

9. Every district or garrison court-martial convened within the 
United Kingdom or the British Isles shall consist of not less than 
seven commissioned officers, and shall have the same power as a 
general court-martial to sentence any soldier to such punishments 
as shall accord with the provisions of this Act : Provided always, 
that no such district or garrison court-martial shall have jiiower 
to try a commissioned officer, or a warrant officer holding an 
honorary commission, or to pass any sentence of death or penal 
servitude. 



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1877. Mutmy. Ch. 7. 13 

10. A regimental or detachment court-martial shall consist of not Powers of 
leas than five commissioned officers, \mless it is found to be imprac- J^^^^^*^' 
ticable to assemble that number, in which case three shall be conpta-martial. 
sufficient, and shall have power to sentence any soldier to corporal 
punishment, or to imprisonment, and to forfeiture of pay, in such 
manner as shall accord with the provisions of this Act. 

U. In cases of mutiny, and insubordination accompanied with Courts-martial 
personal violence, or other offences committed on the line of march, ^^ ^ °^. 
or on board any transport ship, convict ship, merchant vessel, or ^^ sWp^&c. 
troop ship, not in commission, the offender may be tried by a 
regimental or detachment court-martial, and the sentence may be 
confirmed and carried into execution on the spot by the officer in 
the immediate command of the troops, provided that the sentence 
shall not exceed that which a regimental court-martial is competent 
to award. 

12. It shall be lawful for any officer commanding any detachment Powers of 

or portion of troops serving in any place beyond seas where it ^*^™^urtg. 
may be found impracticable to assemble a general court-martial, martial ^ " 
upon complaint made to him of any offence committed against the 
property or person of any inhabitant of or resident in any country 
in which such troops, are so serving by any person serving with 
or belonging to Her Majesty's armies, being under the immediate 
command of any such officer, to convene a detachment general court- 
martial, which shall consist of not less than three commissioned 
officers, for the purpose of trying any such person ; and every such 
court-martial shall have the same powers in regard to sentence 
upon offenders as are granted by this'Act to general courts-martial : 
Provided always, that no sentence of any such court-martial shall 
be executed until the general commanding the army of which such 
detachment or portion forms part shall have approved and confirmed 
the same. 

13. All general and other courts-martial shall administer an oath As to swearing 
to every witness or other person who shall be examined before such and summoning 
court in any matter relating to any proceeding before the same ; ®^^*^***^ 
and every person, as well civil as military, who may be required to 

give or produce evidence before a court-martial, shall, in the case 
of general courts-martial, be summoned by the judge advocate 
general, or his deputy, or the person officiating as judge advocate, 
and in the case of all other courts-martial by the president of the 
court ; and all persons so summoned and attending as witnesses 
befoi*e any court-martial shall, during their necessary attendance in 
or on sudi courts, and in going to and returning from the same, be 
privileged from arrest, and shall, if unduly arrested, be discharged 
by the court out of which the writ or process issued by which such 
witness was arrested, or if such court be not sitting, then by any 
judge of the superior courts of Westminster or Dublin, or of the 
Court of Session in Scotland, or of the courts of law in the East 
or West Indies, or elsewhere, according as the case shall require, 
upon its being made to appear to such court or judge, by any 
affidavit in a summary way, that such witness was arrested in going 
to or attending upon or returning from such court-martial ; and all 
witnesses so duly summoned as aforesaid who shall not attend on 
such courts, or attending shall refuse to be sworn, or being sworn 



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14 Ch. 7. MvUny. 40 Vict. 

shall refuse to give evidence, or not produce the documents under 
their power or control required to be produced by them, or to answer 
all such questions as the court may legally demand of them, shall 
be liable to be attached in the High Court of Justice in London or 
in the Court of Queen's Bench in Dublin, or in the Court of Session 
or sheriff or stewart courts in Scotland, or in courts of law in the 
East or West Indies, or in any of Her Majesty's colonies, garrisons, 
or dominions in Europe or elsewhere respectively, upon complaint 
made, in like manner as if such witness, after having been duly 
summoned or subpoenaed, had neglected to attend upon a trial in 
any proceeding in the court in which such complaint shall be made : 
Oath to be It shall be lawftil for the president of any court-martial to administer 
Bhortband **^ an oath to a shorthand writer to take down, according to the best 
writer. of his power, the evidence to be given before the court. 

No second trial 14. No officer or soldier who shall be acquitted or convicted of 
offi^'boT ^^^ offence shall be liable to be tried a second time by the same 
revision may ^^ ^^y other court-martial for the same offence ; and no finding, 
be allowed. opinion, or sentence given by any court-martial, and signed by the 
president thereof, shall be revised more than once, nor shall any 
additional evidence in respect of any charge on which the prisoner 
then stands arraigned be received by the court on any revision. 
Crimes 15. If any person subject to this Act shall at any time during 

P?^**^^ the continuance of this Act begin, excite, cause, or join in any 
mutiny or sedition in any forces belonging to Her Majesty's army, 
or Her Majestjr's royal marines, or shall not use his utmost 
endeavours to suppress the same, or shall conspire with any other 
person to cause a mutiny, or coming to the knowledge of any 
mutiny or intended mutiny shall not, without delay, give infor- 
mation thereof to his commanding officer; or shall hold corres- 
pondence with or give advice or intelligence to anyrebel or enemy 
of Her Majesty, either by letters, messages, signs, or tokens, in any 
manner or way whatsoever ; or shall treat or enter into any terms 
with such rebel or enemy without Her Majesty's license, or license 
of the general or chief commander; or shaU misbehave himself 
before the enemy ; or shall shamefully abandon or deliver up any 
garrison, fortress, post, or guard committed to his charge, or which 
he shall have been commanded to defend ; or shall compel the 
governor or commanding officer of any garrison, fortress, or post 
to deliver up to the enemy or to abandon the same ; or shall speak 
words or use any other means to induce such governor or com- 
manding officer, or others, to misbehave before the enemy, or 
shamefully to abandon or deliver up any garrison, fortress, post, 
or guard committed to their respective charge, or which he or they 
shall be commanded to defend ; or shall desert or attempt to desert 
Her Majesty's service ; or shall leave his post before being regularly 
relieved; or shall sleep on his post; or shall strike or shall use 
or offer any violence against his superior officer, being in the exe- 
cution of his office, or shall disobey any lawful command of his 
superior officer ; or who being confined in a military prison shall 
offer any violence against a visitor or other his superior military 
officer, being in the execution of his office ; all and every person 
and persons so offending in any of the matters before mentioned, 
whether such offence be committed within this, realm or in any 



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1877. Mviiny. Ch. 7. 15 

other of Her Majeaty^s dominions^ or iu foreign parts, upon land or 
upon the sea^ shall suffer death, or penal servitude, or such other 
punishment as by a court-martial shall be awarded: Provided 
aJways, that any non-commissioned officer or soldier attested for 
or in pay in any regiment or corps who shall, without having first 
obtained a regular discharge therefrom, enlist himself in Her 
Majesty's anny, may be deemed to have deserted Her Majesty's 
service, and shall be liable to be punished accordingly. 

16. In all cafles where the punishment of death shall have been Judgment of 
awarded by a general court-martial or detachment general court- ^®*" °^J ^ 
martial it shall be lawful for Her Majesty, or, if in any place out ^^*g^-^' 
of the United Kingdom or British Isles, for the commanding officer tude or other 
having authority to confirm the sentence instead of causing such p™«hmentB. 
sentence to be carried into execution, to order the offender to be 
kept in penal servitude for any term not less than five years, or 
to suffer such term of imprisonment, with or without hajrd labour, 
and with or without solitary confinement, as shall seem meet to Her 
Majesty, or to the officer commanding as aforesaid ; provided that 
the imprisonment shall not exceed two years, and that the solitary 
confinement shall not exceed seven days at a time, with intervals 
of not less than seven days between the periods of solitary con- 
finement ; and that if the imprisonment exceeds eighty-four days, 
the solitary confinement shall not exceed seven days in any twenty- 
eight days of the imprisonment. 

!?• -Any officer or soldier of Her Majesty's army, or any person EmbexzlemeDt, 
employed in the War Department, or in any way concerned in the ^^'-^hfij!^ 
care or distribution of any money, provisions, forage, arms, clothing, penal servitude, 
ammunition, or other stores bdonging to Her Majesty's army or or by fine, im- 
for Her Majesty's use, who shall embezzle, fraudulently misapply, P™o°™«^t>*c* 
wilfully damage, steal, or receive the same, knowing them to have 
been stolen, or shall be concerned therein or connive thereat, may 
be tried for the same by a general court-martial, and sentenced to 
be kept in penal servitude for any term not less than five years, 
or to suffer such punishment of fine, imprisonment, with or without 
hard labour, dismissal from Her Majesty's service, reduction to the 
ranks if a warrant or non-commissioned officer, as such court shall 
think fit, according to the nature and degree of the offence ; and 
every such offender shall, in addition to any other punishment, 
makie good at his own expense the loss and damage sustained, and 
in every such case the court is required to ascertain by evidence 
the amount of such loss or damage, and to declare by their sentence 
that such amount shall be made good by such offender ; and the loss 
and damage so ascertained as aforesaid shall be a debt to Her 
Majesty, and may be recovered in any of Her Majesty's courts at 
Westminster or in Dublin, or the Court of Exchequer in Scotland, 
or in any court in Her Majesty's colonies, or in India, where the 
person sentenced by such court-martial shall be resident, after the 
said judgment shall be confirmed and made known, or the offender, 
if he shall remain in the service, may be put under stoppages not 
exceeding one half of his pay and allowances until the amount so 
ascertained shall be recovered. 

18« Whenever Her Majesty shall intend that any sentence of Afltoexecu- 
penal servitude heretofore or hereafter passed upon any offender by *^°^ o^^wn- 



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16 Ch. 7. Mutiny. 40 7ic?r. 

teDces of penal any court-martial shall be carried into execution for the term 
^rSidted" specified in such sentence or for any shorter term, or shall be 
Kingdom. graciously pleased to commute as aforesaid to penal servitude any 
sentence of death passed by any such court, the sentence, together 
with Her Majesty's pleasure thereupon, shall be notified in writing 
by the officer commanding in chief Her Majesty's army in Great 
Britain and Ireland, or by the adjutant geneial, or by the Secretary 
of State for the War Department, to any judge of the High Court 
of Justice in England or of the Queen's Ben(£, Common Pleas, or 
Exchequer or oUier superior court in Ireland, and thereupon such 
judge shall make an order for the penal servitude of such oflTender 
in conformity with such notification, and shall do all such other 
acts consequent upon such notification as such judge is authorised 
to do by any Act in force touching the penal servitude of other 
offenders ; and it shall be lawful for any judge of such court in 
Ireland to make an order that any such offender convicted in 
Ireland shall be kept in penal servitude in England; and such 
order shall be in all respects as effectual in England as though 
such offender had been convicted in England, and the order had 
been made by any judge of the High Court of Justice in Eng- 
land ; and the person in whose custody such offender shall at that 
time be, and all other persons whatsoever whom the said order 
may concern, shall be bound to obey and shall be assistant in the 
execution thereof, and shall be liable to the same punishment for 
disobedience to or for interrupting the execution of such order aa if 
the order had been made under the authority of any such Act as 
aforesaid ; and every person so ordered to be kept in penal servitude 
shall be subject to every provision made by law and in force con- 
cerning persons under sentence of penal servitude ; and from the 
time when such order of penal servitude shall be made every Act 
in force touching the escape of felons, or their afterwards returning 
or being at large without leave, shall apply to such offender, and 
to all persons aiding and abetting, contriving or assisting in any 
escape or intended escape, or returning without leave of any such 
offender ; and the judge who shall make any order of penal ser- 
vitude as aforesaid shall direct the notification of Her Majesty's 
pleasure, and his own order made thereupon, to be filed and kept 
of record in the office of the Clerk of the Crown of the Queen's 
Bench Division of the High Court of Justice ; and the said clerk 
shall have a fee of two shillings and sixpence only for filing the 
same, and shall, on application, deliver a certificate in writing (not 
taking more than two shillings and sixpence for the same) to such 
offender or to any person applying in his or Her Majeetjr's behalf, 
showing the Christian and surname of such offender, his ofiTence, 
the place where the court was held before which he was convicted, 
and the conditions on which the order of penal servitude was 
made ; which certificate shall be sufficient proof of the conviction 
and sentence of such offender, und also of the terms on which 
such order for his penal servitude was made, in any oomi; and in 
any proceeding wherein it may be necessary to inquire into the 
same. 
As to execution 19. Whenever any sentence of penal servitude heretofore or 
ofsenteiicef of hereafter passed upon any offender by any court-martial holden in 



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1S77. Mutiny. Ch.7. 17 

any part of Her Majesty's dominions, beyond the seas, or else- pemd seryitnde 
where, is to be carried into execution for the term specified in U* *^* colonies, 
such sentence or for any shorter term, or when sentence of death ^^ ©ut^^ 
passed by any such court-martial has been or shall as aforesaid be Her Mi^esty's 
commuted to penal servitude, the same shall be notified by the dominion*, 
officer commanding Her Majesty's forces at the presidency or station 
where the offender may come or be, or in his absence by the adjutant 
general for the time being, if in India to the chief judge or any 
judge of the chief civil court of the presidency or province where 
the offender may come or be, and if in any other part of Her 
Majesty's dominions to the chief justice or some other judge therein, 
and such judge shall make order for the intermediate custody and 
penal servitude of such offender; and the offender shall, until 
handed over in pursuance of any such order to the civil authorities, 
be detained in nulitary custody, and may be moved in such custody 
from place to place as circumstances may require ; and upon any 
such order being made it shall be duly notified to the governor of 
the presidency if in India, or to the governor of the colony if in 
any of Her Majesty's colonies, or to the person who shall for the 
time being be exercising the office of governor of such presidency 
or colony, who, on receipt of such notification, shall cause such 
offender to be removed or sent to some other colony or place, or 
to undergo his sentence within the presidency or colony where 
the offender was so sentenced, or where he may come or be as 
aforesaid, in obedience to the directions for the removal and treat- 
ment of convicts which shall from time to time be transmitted 
from Her Majesty through one of Her Principal Secretaries of State 
to such presidency or colony ; and such offender shall according to 
such directions undergo the sentence of penal servitude which shall 
have been passed upon him eithec in the presidency or colony in 
which he has been so sentenced, or in the colony or place to which 
he h&s been so removed or sent, and whilst such sentence shall 
remain in force shall be liable to be imprisoned, and kept to hard 
labour, and otherwise dealt with under such sentence, in the same 
manner as if he had been sentenced to be imprisoned with hard 
labour during the term of his penal servitude by the judgment of 
a court of competent jm'isdiction in such presidency or colony, or 
in the colony or place to which he has been so removed or sent 
respectively; and elsewhere but of Her Majesty's dominions the 
officer commanding shall have power to make an order in writing 
for the penal servitude or intermediate custody of such offender ; 
and such offender shall be liable by virtue of such order to be 
imprisoned, and kept to hard labour, and otherwise dealt with 
under the sentence of the court, in the same manner as if he had 
been sentenced to be imprisoned with hard labour during the term 
of his penal servitude by the judgment of a court of competent 
jurisdiction in the place where he maybe ordered to be kept in such 
intermediate custody, or in the place to which he may be removed 
for the purpose of undergoing his sentence of penal servitude. If 
any prisoner shall be brought to any place in the United Kingdom 
there to undergo any sentence of pena} servitude which has been 
passed upon him by a court-martial held elsewhere, and the judge's 
or officer's order herein-before prescribed for his penal servitude 

[the law usfortb.] B 



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18 Ch. 7. Mutiny. 40 Vict. 

and intermediate custody shall not be forthcoming, and the judge 
advocate general, upon application for that purpose, shall certify 
that it appears from the original proceedings of the court-martial 
whereby the prisoner was tried that he has been duly sentenced to 
penal servitude, and that for anything that appears to the contrary 
thereon such sentence is still in force against the said prisoner for 
the period to be stated in such certificate, then it shall be lawtiil 
for one of Her Majesty's Principal Secretaries of State, upon con- 
sideration of such certificate, to direct, in writing under his hand, 
that the said prisoner shall be at once removed to a convict prison, 
and be imprisoned and kept to hard labour according to the 
sentence stated in such certificate, and thereupon the prisoner shall 
be removed to such convict prison, and diall be liable to be 
imprisoned and kept to hard labour, and be otherwise dealt with 
during the term of his sentence, as if he had been sentenced to a 
like t^m of penal servitude by a competent court in the United 
Kingdom. 
A sentence of 20. In any case where a sentence of penal servitude shall have 
S^becoS^^ been awarded by a general or detachment general court-martial it 
muted for im- shall be lawful for Her Majesty, or, if in any place out of the United 
pri8onment,&c. Elingdom or British Isles, for the oflGlcer commanding in chief Her 
Majesty's forces there serving, instead of causing such sentence to 
be carried into execution, to order that the offender be imprisoned, 
with or without hard labour, and with or without solitary confine- 
ment, for such term not exceediog two years as shall seem meet to 
Her Majesty, or to the officers commanding as aforesaid ; provided 
that the solitary confinement shall not exceed seven days at a time, 
with intervals of not less than seven days between the periods of 
solitary confinement ; and that if the imprisonment exceeds eighty- 
four days the solitary confinement shall not exceed seven days in 
any twenty-eight days of the imprisonment. 
Of forfeitopea, 21. Where an award of any forfeiture, or of deprivation of pay 
^"A^^d "*p? or of stoppages of pay, shall have been added to any sentence of 
▼iodeT*^ penal servitude, it shall be lawful for Her Majesty, or, if in any 
place out of the United Kingdom or British Ides, for the officer 
commanding in chief Her Majesty's forces there serving, in the 
event of the sentence being commuted for imprisonment, to order 
such award of forfeiture, deprivation of pay, or stoppage of pay 
to be enforced, mitigated, or remitted, as may be deemed expedient. 
Courts-martial 22. No court-martial shall, for any offence whatever committed 
toce^ttooOT- under this Act during the time of peace within the Queen's 
porai punish- dominions, have power to sentence any soldier to corporal pimish- 
Bient in time ment ; provided, that any court-martml may sentence any soldier 
o peace. ^ corporal punishment while on active service in the field, or on 

board any ship not in commission, for mutiny, insubordination, 
desertion, drunkenness on duty or on the line of march, disgraceful 
conduct, or any breach of the Articles of War ; and no sentence 
of corporal punishment shall exceed fifty lashes. 
Power to i^ 23. It shall be lawful for any general, district, or garrison court- 
r m^uw^» iiii«i martial, in addition to any sentence of corporal punishment, to 
unprisonment award imprisonment, with or without hard labour, and with or 
without solitary confinement, such confinement not exceeding the 
periods prescribed by the Articles of War. 



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1877. Mutiny. Ch. 7. 19 

24. In all cases in which corpoiul punishment shall form the Power to com- 
whole or part of the sentence awarded by any conrt-martial it m«ite corporal 
shall be lawful for Her Majesty, or for the general or other officer fo^impriaSn- 
authorised to confirm the sentences of courts-martial, to commute ment,&c 
such corporal punishment to imprisonment for any period not 
exceeding forty-two days, with or without hard labour, and with 

or without solitary confinement, or to mitigate such sentence, or 
instead of such sentence to award imprisonment for any period not 
exceeding twenty days, with or without hard labour, and with or 
without solitary confinement and corporal punishment, to be in- 
flicted in the prison, not exceeding twenty-five lashes, and the 
solitary confinement herein-before mentioned' shall in no case exceed 
seven days at a time, with intervals of not less than seven days 
between each period of such confinement. 

25. It shall be lawful for Her Majesty in all cases whatsoever, Power to com- 
instead of causing a sentence of cashiering to be put in execution, ^^i!^?^*^*^ 
to order the offender to be reprimanded, or, in addition thereto, ^^* 
to suffer such loss of army or regimental rank, or both, as may be 

deemed expedient. 

26. A general, garrison, or district court-martial may sentence Power of im- 
any soldier to imprisonment, with or without hard labour, and P™^»«»t ^7 
with or without solitary confinement, but such solitary confinement ^^ or'^St 
shall not exceed the periods prescribed by the Articles of War. courtB-martUL 

27. Any regimental or detachment court-martial may sentence Power of im- 
any soldier to imprisonment, with or without hard labour, for any P"«>nmCTt by 
period not exceeding forty-two days, and with or without solitary SeSSment^' 
confinement not exceeding the periods prespribed by the Articles of courts-martiaL 
War. 

28. Whenever sentence shall be passed by a court-martial on an -Aj to impriaon- 
offender already under sentence either of imprisonment or of penal ^^^oti 
servitude, the court may award a sentence of imprisonment or already under 
penal servitude for the offence for which he is under trial, to M^tence. 
commence at the expiration of the imprisonment or penal servitude 

to which he shall have been so previously sentenced, although the 
aggregate of the terms of imprisonment or penal servitude respec- 
tively may exceed the term for which any of those punishments 
could be otherwise awarded. Whenever Her Majesty, or any 
general or other oflicer authorised to confirm the sentences of 
courts-martial, shall commute a sentence of penal servitude or 
corporal punishment to imprisonment, and the offender whose 
sentence shall be so commuted shall, at the time of such commu- 
tation, be under sentence of imprisonment or penal servitude, it 
shall be lawful for Her Majesty, or the general or other officer who 
shall so commute such sentence, to direct that such commuted 
sentence of imprisonment shall commence at the expiration of the 
imprisonment or penal servitude to which such prisoner shall have 
been so previously sentenced, although the aggregate of the term 
of imprisonment or penal servitude respectively may exceed the 
term for which any of those punishments could be otherwise 
awarded. 

29. It shall be lawful for the Secretary of State for the War Regolationa as 
Department, and in India for the Governor General in Council, to !jJiJ^^ 
set apart any buildings now erected or which may hereafter be 

B 2 



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20 Ch.7. Mutiny. 40 Vict. 

erected, or any part or parts thereof, as military prisons, and to 
declare that any building or any two or more buildings shall be, 
and thenceforth such bmlding or buildings shall be deemed and 
taken to be, a military prison; and everj' military pidson which, 
under the provisions of any former Act of Parliament, has been or 
which shall be so as aforesaid set apart and declared, shall be 
deemed to be a public prison within the meaning of this Act ; and 
all and every the powers and authorities with respect to county 
gaols or houses of correction which now are or which may hereafter 
be vested in any of Her Majesty's Principal Secretaries of State 
shall, with respect to all such military prisons, belong to and may be 
exercised by the Secretary of State for the War Department, and in 
India by the Governor General in Council ; and it shall be lawful 
for the said Secretary of State, and in India for the Governor 
General in Council, from time to time to make, alter, and repeal 
rules and resjulations for the government and superintendence of 
any such military prison, and of the governor, provost marshal^ 
officers, and servants thereof, and of the offenders confined therein, 
which said rules and regulations so made as aforesaid shall remain, 
and continue to be in force until the same are altered or repealed 
by Her Majesty's said Secretary of State for War, or in India by the 
Governor General in Council ; and it shall be lawftil for the said 
Secretary of State, and in India for the Governor General in 
Council, from time to time to appoint an inspector general and 
inspectors of military prisons, and a governor or provost marshal, 
and all other necessary officers and servants for any such military 
prison, and, as occasion may arise, to remove the governor or provost 
marshal, officer or servant of any such military prison; and the 
general or other officer commanding any district or station within 
which may be any such military prison, or such general or other 
officer, and such other person or persons as the said Secretary of 
State, and in India the Governor General in Council, may from time 
to time appoint, shall be a visitor or visitors of such prison ; and 
the said Secretary of State, and in India the Governor General in 
Council, may authorise any general officer commanding to appoint 
periodically visitors to any military prison within his command ; 
and the said Secretary of State, and in India the Governor General 
in Council or the general officer so appointing, shall transmit to 
the visitor or visitors of every military prison established By his 
authority a copy of the rules and regulations which are to be 
observed and enforced, and the same shall accordingly be observed 
and enforced, within such prison ; and every inspector, visitor, and 
governor of any such military prison shall, subject to such rules 
and regulations as may from time to time be made by the said 
Secretary of State, or in India by the Governor General in Council, 
have and exercise in respect of such prison, and of the governor, 
officers, and servants thereof, and of the prisoners confined therein, 
all the powers and authorities, as well in respect of administering 
oaths as otherwise, which any inspector, visiting justice, or governor 
of a county gaol or house of correction may respectively exercise as 
such : Provided that every inspector of such military prisons, who 
is also a director of convict prisons, shall have the same power in 
such military prisons as he has in convict prisons. 

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1877. Mutiny. Ch.7. 21 

80. Every governor, provost marshal, gaoler, or keeper of any As to the cus- 
public prison or of any gaol or house of correction in any part of '^^?^"^*57 
Her Majesty's dominions shall receive into his custody any military ^ten^of^ 
offender, whether of the regular, reserve, or auxiliary forces, under court-martial 
sentence of imprisonment by a court-martial, upon delivery to ^^ ^ ^^^^ 
him of an order in writing in that behalf from the general com- ^""^ 
manding in chief, or the adjutant general, or the oflScer who 
confirmed the proceedings of the court, or the officer command- 
ing the regiment or corp9 to which the offender belongs or is 
attached, which order shall specify the offence of which he shall 
have been convicted, and the sentence of the court, and the period 
of imprisonment which he is to undergo, and the day and hour of 
the day on which he is to be released ; and such governor, provost 
marshal, gaoler, or keeper shall keep such offender in a proper place 
of confinement^ with or without hard labour, and with or without 
solitary confinement, according to the sentence of the court and 
during the time specified in the said order, or until he be discharged 
or delivered over to other custody before the expiration of that 
time under an order duly made for that purpose; and every 
governor, provost marshal, gaoler, or keeper of any public prison, 
gaol, house of correction, lock-up house, or other place of confine- 
ment, shall receive into his custody any soldier, whether of the 
regular, reserve, or auxiliary forces, for a period not exceeding seven 
days, upon delivery to him of an order in writing on that behalf 
from the officer commanding the regiment, corps, or body of troops 
to which such soldier shall belong. 

8L In the case of a prisoner undergoing imprisonment under the As to the 
sentence of a court-martial in any public prison other than the JoJ^hJjLe ©f 
military prisons set apart by the authority of this Act, or in any prisonen in 
gaol or house of correction in any part of the United Kingdom, it certain cases, 
shall be lawful for the general commanding in chief, or the adjutant 
general, or the officer who confirmed the proceedings of the court, 
or the officer commanding the district or garrison in which such 
prisoner may be, to give, as often as occasion may arise, an order in 
writing directing that the prisoner be discharged, or be delivered 
over to military custody, whether for the purpose of being removed 
to some other prison or place in the United Kingdom, there to 
undergo the remainder or any part of his sentence, or for the 
pxu*pose of being brought before a court-martial either as a witness 
or for trial ; and in the case of a prisoner undergoing imprisonment 
or penal servitude under the sentence of a court-martial in any 
public prison other than such military prison as aforesaid, or in 
any gaol or house of correction in any part of Her Majesty's 
dominions other than the United Kingdom, it shall be Jawfril for 
the general commanding in chief or the adjutant general of Her 
Majesty's forces in the case of any such prisoner, and for the Com- 
mander-in-Chief in India in the case of any prisoner so confined in 
any part of Her Majesty's Indian dominions, and for the general 
conunanding in chief in any presidency in India in the case of a 
prisoner so therein confined, and for the officer commanding in chief 
or the officer who confirmed the proceedings of the court at any 
foreign station in the case of a prisoner so there confined, to give, 
as often as ocaision may arise, an order in writing directing that 



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22 Oh. 7. Muthiy. 40 Vicr. 

the prisoner be discharged or be delivered over to military custody, 
whether for the purpose of being removed to some other prison or 
place in any part of Her Majesty's dominions, there to undergo 
the remainder or any part of his sentence, or for the puipose of 
being brought before a court-martial either as a witness or for trial ; 
and in the case of any prisoner who shall be removed by any such 
order from any such prison, gaol, or house of correction either 
within the United Kingdom or elsewhere to some other prison or 
place either in the United Kingdom or elsewhere, the officer who 
gave such order shall also give an order in writing directing the 
governor, provost marshal, gaoler, or keeper of such other prison 
or place to receive such prisoner into his custody, and specifying 
the offence of which such prisoner shall have been convicted, and 
the sentence of the court, and the period of imprisonment which he 
is to undergo, and the day and the hour on which he is to be 
released ; and such governor, provost marshal, gaoler, or keeper shall 
keep such offender in a proper place of confinement, with or without 
hard labour, and with or without solitary confinement^ according to 
the sentence of the court, and during the time specified in the said 
order, or until he be duly discharged or delivered over to other 
custody before the expiration of that time under an order duly 
made for that puipose ; and in the case of a prisoner undergoing 
imprisonment or penal servitude imder the sentence of a court- 
martial in any military prison in any part of Her Majesty's 
dominions, the Secretary of State for the War Department, or the 
general officer commanding the district or station in which the 
prison may be situated, shall have the like powers in regard to the 
discharge and delivery over of such prisoners to military custody 
as may be lawfully exercised by any of the military authorities 
above mentioned in respect of any prisoners undergoing confine- 
ment as aforesaid in any public prison other than a military prison, 
or in any gaol or house of correction in any part of Her Majesty's 
dominions; and such prisoner in any of the cases herein-before 
mentioned shall accordingly, on the production of any such order as 
is herein-before mentioned, be discharged or delivered over, as the 
case may be : Provided always, that the time during which any 
prisoner under sentence of imprisonment by a court-martial shall 
be detained in such military custody under such order as aforesaid 
shall be reckoned as imprisonment under the sentence, for what- 
ever purpose such detention shall take place ; and such prisoner may 
during such time, either when on board ship or otherwise, be subjected 
to sudb restraint as is necessary for his detention and removal 
IWn^nfor 32^ The gaoler or keeper of any public prison, gaol, house of 
^' correction, lock-up house, or other place of confinement in any part 
of Her Majesty's dominions shall diet and supply every soldier 
imprisoned therein under the sentence of a court-martial or as a 
deserter with fuel and other necessaries according to the regulations 
of such place of confinement, and shall receive on account of every 
soldier, out of the subsistence of such soldier during the period of 
his imprisonment, in Great Britain and Ireland, one shilling per 
diem, and in other parts of Her Majesty's dominions such sum as 
the Secretary of State may order : In all cases where such soldier 
is sentenced to be discharged or is ordered by the military authorities 



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1877. Muti/ny. Ch. 7. 28 

to be discharged from the axmy on the completion of bis term of 
imprisonment, the Secretary of State for the War Department may 
caase to be issued out of army votes, upon application in writing, 
signed by any justice within whose jurisdiction such place of confine- 
ment shall be locally situated, together with a copy of the order 
of commitment, a further sum not exceeding sixpence per diem, 
and all of which said sums shall be carried to the credit of the 
fund from which the expense of such place of confinement is 
defrayed. A sentence of imprisonment or of penal servitude passed 
either by a court-martial or by any court of criminal jurisdiction 
upon any person subject to this Act, shall be in no respect affected 
by such person ceasing to be subject to this Act by discharge or 
otherwise at any time : Provided^ that for each person so ceasing to 
be subject to this Act, the Secretary of State for the War Depart- 
ment may cause to be issued out of army votes, upon application in 
writing, signed by any justice as aforesaid, together with a copy 
of the order of commitment, a sum not exceeding one shilling and 
sixpence per diem, which said sum shall be carried to the credit of 
the fund firom which the expense of such place of confinement is 
defrayed. 

In India the expenses incurred under the provisions of this 
section ahaU be paid in the same manner as the other expenses of 
such prison, or as may be provided by the laws or regulations to be 
made in that behalf. 

33. Every gaoler or keeper of any public prison, gaol, house of Expiration of 
correction, or other place of confijiement, to whom any notice shall imprisonment 
have been given, or who shall have reason to know or believe, that ^oMion g^ls. 
any person in his custody for any ofiTence, civil or military, is a 

soldier liable to serve Her Majesty on the expiration of his impri- 
sonment, shall forthwith, or as soon as may be, give, if in Great 
Britain, to the Secretary of State for the War Department, and if in 
Ireland to the general commanding Her Majesty's forces in Ireland, 
or if in India to the adjutant general of the army, or to the nearest 
military authority with whom it may be convenient to communi- 
cate, notice of the day and hour on which the imprisonment of such 
person will expire; and every such gaoler or keeper is hereby 
required to use his best endeavours to ascertain and report in all 
cases where practicable the particular regiment or corps, battalion 
of a regiment or battery of artillery, to which such soldier belongs, 
and also whether he belongs to the depot or the head quarters of las 
regiment; and in the event of his being a recruit who has not 
joined, that it may be so stated in his report, together with the 
name of the place where the man enlisted. In all cases where the 
soldier in custody is under sentence to be discharged from the ser- 
vice on the completion of his term of imprisonment, and the dis- 
charge document is in the hands of the gaoler, such gaoler shall not 
be required to make any report thereof to the Secretary of State for 
War, or to the military authorities herein-before referred to. 

34. Upon reasonable suspicion that a person is a deserter, it Apprehennoa 
shall be lawful for any constable or other person to apprehend him, of deserters, 
and forthwith bring him before a justice acting for any county, 

district, city, borough, or place wherein or near to which the place 
in which he was apprehended is situate ; and the justice shall deal 



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24 



Transfer of 
deserters. 



As to the 
temporary 
costody of 
deserters in 
gaols. 



Desertion of 
recmits prior 



Ch, 7, Mutiny. 40 Vict. 

•with the Buspected deserter as if he were brought before him by 
warrant in accordance with the provisions of an Act passed in the 
eleventh and twelfth years of Her present Majesty, chapter forty- 
two, section twenty-one ; and upon its appearing to the justice, by 
the testimony of one or more witnesses taken upon oath, or by the 
confession of such suspected deserter, that the accused is a deserter, 
he shall cause him to be conveyed to the head quarters of the regi- 
ment or dep6t to which he may appear to belong, or to the nearest 
or most convenient military or police station, or other place legally 
provided for the confinement of persons in custody, or delivered up 
to a party of soldiers in charge of a non-commissioned officer, as to 
the justice may seem most expedient, having regard to the safe 
custody of such suspected deserter ; and the justice shall make a 
report* to the Secretary of State of the persons through whom or 
by whose means the deserter was apprehended or secured ; and 
for such information, commitment, and report the gaoler oi* other 
person into whose custody the accused is committed shall pay at 
the time of commitment to the clerk to the justice the sum of two 
shillings ; and the Secretary of State, upon receipt of a report of 
the same, together with a copy of the commitment, shall cause such 
sum to be repaid to such gaoler or other person so entitled ; and 
upon the report of a justice as aforesaid, the Secretary of State shall 
cause to be paid to the person or persons by whom or through 
whose means it shall appear to his satisfaction that the deserter was 
apprehended and secured, a sum not exceediog forty shillings ; and 
the justice shall in every case transmit, if in the United ELingdom to 
the Secretary of State, and if elsewhere to the general or other 
officer commanding, a descriptive return in the form prescribed in 
the schedule to this Act annexed ; and a return purporting to be so 
made shall be evidence of the facts and matters therein stated : 
Provided always, that any such person so committed as a deserter 
in any part of Her Majesty's dominions shall, subject to the pro- 
visions herein-after contained, be liable to be transferred by order 
of the general or other officer commanding to serve in any regiment 
or corps or depot nearest to the place where he shall have been 
apprehended, or to any other regiment or corps to which, it may be 
desirable that he should be transferred, and shall also be liable after 
such transfer of service to be tried and punished as a deserter. 

35« Every gaoler or keeper of any public prison, gaol, house of 
correction, lock-up house, or other place of confinement in any part 
of Her Majesty's dominions is hereby required to receive and con- 
fine therein every deseiter who shall be delivered into his custody 
by any soldier or other person conveying such deserter under law- 
ful authority, on production of the warrant of the justice of the 
peace on which such deserter shall have been taken, or some order 
from the office of the Secretary of State for the War Department^ 
which order shall continue in force until the desei-ter ^all have 
arrived at his destination ; and such gaoler or keeper shall be en- 
titled to one shilling for the safe custody of the said deserter while 
halted on the march, and to such subsistence for his maintenance 
as shall be directed by Her Majesty's regulations. 

36. Any recruit for Her Majesty's army who, having been attested 
or received pay other than enlisting money, shall desert before join- 



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1877. Mutiny. Ch.7. 25 

ing the regiment or corps for which he has enlisted, shall^ on being to joining their 
apprehended, and committed for such desertion by any justice of '^*™®°^ ®' 
the peace upon the testimony of one or more witnesses upon oath, ^'^* 
or upon his own confession, forfeit his personal bounty, and be 
liable to be transferred to any regiment or corps or depdt nearest to 
the place where he shall have been apprehended, or to any other 
regiment or corps to which Her Majesty may deem it more de- 
sirable that he should be transferred : Provided always, that such 
deserters thus transferred shall not be liable to other punishment 
for the offence, or to any other penalty except the forfeiture of 
their personal bounty. 

37. Any person who shall confess himself to be a deserter from Fraudulent 
Her Majesty's forces, or from the embodied militia^ shall be liable cooiGe^on of 
to be taken before any two justices of the peace acting for the ***^^^°' 
county, district, city, burgh, or place where any such person shall 
at any time happen to be when he shall be brought before them, 
and on proof that any such confession as aforesaid was &lse shall by 
the said justices be adjudged to be punished, if in England, as a 
rogue and vagabond, and if elsewhere by commitment to some 
prison or house of correction, there to be kept to hard labour for 
any time not exceeding three calendar months ; and if, when such 
person shall be brought before the said justices, it shall be proved 
to their satisfaction that such confession has been made, but evi- 
dence of the truth or falsehood of such confession shall not at that 
time be forthcoming, such justices within the United Kingdom are 
hereby required to remand such person in the manner herein-before 
mentioned, and to transmit a statement of the case and descriptive 
return to the Secretary of State for the War Department, with a 
request to be informed whether such person appears to belong or to 
have belonged to the regiment or corps from which he shall have so 
confessed himself to have deserted; and a letter from the War 
Office in reply thereto, referring to such statement, and purporting 
to be signed by or on behalf of the Secretary of State for the War 
Department^ shall be admissible in evidence against such person, 
and shall be deemed to be legal evidence of the facts stated therein, 
and on the receipt thereof the said justices shall forthwith proceed 
to adjudicate upon the case. In India the authority herein given 
to two justices may be exercised by one European justice or 
magistrate. 

§8. When there shall not be any military officer of rank not Furloogh in 
inferior to captain, or any adjutant of regular militia, within con- <»«« of sick- 
venient distance of the place where any non-commissioned officer or ^***' 
soldier on furlough shall be detained by sickness or other casualty 
rendering necessary any extension of such furlough, it shall be 
lawful for any justice who shall be satisfied of such necessity to 
grant an extension of furlough for a period not exceeding one 
month ; and the said justice shall by letter immediately certify such 
extension and the cause thereof to the commanding officer of the 
corps or detachment to which such non-commissioned officer or 
soldier belongs, if known, and if not then to the agent of the regi- 
ment or corps, in order that the proper sum may be remitted to 
such non-commissioned officer or soldier, who shall not during the 
period of such extension of furlough be liable to be treated as a 



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26 Ch. 7. Mutiny. 40Vicr. 

deserter : Provided always, that nothing herein contained shall be 
construed to exempt any soldier from trial and punishment accord- 
ing to the provisions of this Act, for any false representation made 
by him in that behalf to the said justice, or for any breach of 
discipline committed by him in applying for and obtaining the said 
extension of furlough. 
Ko person 39. Ko person subject to this Act, having been acquitted or 

**^^**^^ convicted of any crime or offence by the civil magistrate, or by the 
STcivil mi^- verdict of a jury, shall be liable to be again convicted for the same 
trate or by a crime or offence by a court-martial, or to be punished for the same 
i"y *® ^!"^ otherwise than by cashiering in the case of a commissioned officer, 
Bwrti^for the o^ ^ ^^ ^^^ of & warrant officer by reduction to an inferior dass 
same offence, or to the rank of a private soldier by order of the Commander-in- 
Chief^ or in the ca^e of an army schoolmaster by discharge frx>m the 
service, or loss of the whole or any period of his previous service 
reckoning towards pension on discharge by order of the Com- 
mander-in-Chief, or in the case of a non-commissioned officer by 
reduction to the ranks by order of the Commander-in-Chief or of 
the colonel, or in the militia by order of the appointed commandant 
of the regiment or corps ; and all such punishments inflicted on a 
non-commissioned officer without trial by a court-martial shall be 
reported to the superior officer in command, for the information of the 
Commander-in-Chief, for review ; and whenever any officer or soldier 
shall have been tried by any court of ordinary criminal jurisdiction, 
the derk of such court or other officer having the custody of the records 
of such court, or the deputy of such derk, shall, if required by the 
officer commanding the regiment or corps to which such officer or 
soldier shall belong, transmit to him a certificate setting forth the 
offence of which the prisoner was convicted, together with the 
judgment of the court thereon if such officer or soldier shall have 
been convicted, or of the acquittal of such officer or soldier, and 
shall be allowed for such certificate a fee of three shillings. 
Soldiers liable 40. Any person attested for Her Majesty's army, or serving on 
SnerSwo^?! ^^® permanent staff of the disembodied militia or volunteers other 
service only for than as a commissioned officer, shall be liable to be taken out of 
felony, misde- Her Majesty's service only by process or execution on account of 
Sbte^mount' ^^y diarge of felony or of misdemeanor, or of any crime or offence 
ing to 30/. and other thcm the misdemeanor of absenting himself from his service, 
upwards. or neglecting to fulfil his contract, or otherwise misconducting him- 

self respecting the same, or the misdemeanor of refusing to comply 
with an order of justices for the payment of money, or on account 
of an original debt proved by affidavit of the plaintiff or of some 
one on his behalf to amount to the value of thirty pounds at the 
least, over and above all costs of suit, such affidavit to be sworn, 
without payment of any fee, before some judge of the court out of 
which process or execution shall issue, or before some person autho- 
rised to take affidavits in such court, of which affidavit, when duly 
filed in such court, a memorandum shall, without fee, be endorsed 
upon the back of such process, stating the facts sworn to, and the 
Soldiers not day of filing such affidavit ; but no soldier or other person as afore- 
^letobe gjgi^j shall be liable by any process whatever to appear before any 
Her Migesty's justice of the peace or other authority whatever, or to be taken 
seryice for out of Her Majesty's service by any writ, summons, warrant, order, 



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1877. Mutiny. Ch. 7. 27 

judgment, execution, or any process whatsoever issued by or by the debts under 
aul^oiity of any court of law, or any magistrate, justice or justices ^^'•» ^ ^°' 
of the peace, or any other authority whatsoever, for any original contract 
debt not amounting to thirty pounds, or for the breach of any 
contract, covenant^ agreement, or other engagement whatever by 
parol or in writing, or, for having left or deserted his employer or 
master, or his contoact, work, or labour, or misconducting himself 
respectiDg the same, except in the case of an a p p t^e uM ee, or of an 
indentured labourer, as herein-ai'ter described-; and all summonses, 
warrants, commitments, indictments, convictions, judgments, and 
sentences on account of any of the matters for which it is herein 
declared that a soldier or other person as aforesaid is not liable to 
be taken out of Her Majesty's service shall be utterly illegal, and 
null and void, to all intents and purposes ; and any judge of any 
such court may examine into any complaint made by a soldier or 
by his superior officer^ and by warrant under his hand discharge 
such soldier, without fee, he being shown to have been arrested 
contrary to the intent of this Act, and shall award reasonable costs 
to such complainant, who shall have for the recovery thereof the 
like remedy as would have been applicable to the recovery of any 
costs which might have been awarded against the complainant in 
any judgment or execution as aforesaid, or a writ of Habeas corpus 
ad subjiciendum shall be awarded or issued, and the discharge of 
any such soldier out of custody shall be ordered thereupon ; pro- 
vided that any plaintiff, upon notice of the cause of action first 
given in writing to any soldier, or left at his last quarters, may 
proceed in any action or suit to judgment, and have execution 
other than against the body or military necessaries or equipments 
of such soldier ; provided also, that nothing herein contained rela- 
ting to the leaving or deserting a master or employer, or to the 
breach of any contract, agreement, or engagement, shaU apply to 
persons who shall be really and boncl fide apprentices, duly bound, 
under the age of twenty-one years, or to indentured labourers, as 
herein-after prescribed. 

41. No person who shall be commissioned and in full pay as an Officers not to 
officer shall be capable of being nominated or elected to be sheriff ^ s^^eriffe or 
of any county, borough, or other place, or to be mayor, portreeve, °^y®"' 
alderman, or to hold any office in any municipal corporation in any 

city, borough, or place in Great Britain or Ireland : Provided that 
the competence or liability of any officer to be nominated to or to 
hold any of the aforesaid offices shall not be deemed to be affected 
by reason of the corps to which he belongs being assembled for 
annual training at the time of his nomination to, or during the 
period of his tenure of, such office. 

42. Every person authorised to enlist recruits or to enrol men Qnestions to be 
under any Reserve Force Acts, or to enlist men under any Militia q^q^]^^^ 
Reserve Acts, shall first ask the person about to be so enlisted or 

enrolled whether he belongs to any and what force in Her Majesty's 
service, and also such other questions as the proper authorities may 
direct to be put to such persons, and in case of a recruit shall imme- 
diately after giving him enlisting money serve him with a notice 
in the form ordered by the Secretary of State for the War Depart- 
ment to be used. 



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28 

EtecndU, when 
deemed to be 
enlisted. 



When recroits 
to be taken 
before a justice, 



Ch. 7. 



Mutiny, 



40 Vict. 



Dissent and 
relief from 
enlistment 



Attesting of 
recmits. 



43. Every person who shall receive enlisting money in manner 
aforesaid, knowing it to be such, shall, subject to the provisions 
herein-after contained, upon such receipt be deemed to be enlisted 
as a soldier in Her Majesty's service, and while he shall remain 
with the recruiting party shall be entitled to be billeted. 

44. Every person so enlisted as aforesaid shall, within ninety-six 
hours (any intervening Sunday, Christmas Day, or Good Friday not 
included) but not sooner than twenty-four hours after such Enlist- 
ment, appear, togetheft with some person employed in the recruiting 
service, before a justice of the peace, not being an officer of the 
army, for the purpose of being attested as a soldier, or of objecting 
to his enlistment : Provided in the case of recruits for the militia, 
that nothing contained in the Militia (Voluntary Enlistment) Act, 
1875, shall be deemed to affect the validity of the enrolment of any 
militia recruit who has been enrolled according to the provisions of 
the Militia Acts thereby repealed, and that hereafter any militia 
recruit may be attested immediately after enlistment without re- 
gard to the interval of twenty-four hours, and by a justice or 
commissioned officer. And provided that a recruit for the militia 
in respect of any wilfully false answer given by him to such justice 
or officer in reply to a question directed to be put by the autho- 
rities, shall be deemed to be punishable as if such answer were 
given before a justice. 

45. When a recruit upon appearing before a justice for the 
purposes aforesaid shall dissent from or object to his enlistment, 
and shall satisfy the justice that the same was effected in any 
respect irregularly, he shall forthwith discharge the recruit abso- 
lutely, and shall report such discharge to the inspecting field officer 
of the district, or in the case of a recruit enlisted at the head 
quarters or depdt of a regiment to the officer commanding the 
same ; but if the recruit so dissenting shall not allege or sh^ not 
satisfy the justice that the enlistment was effected irregularly, 
nevertheless, upon repayment of the enlisting money, and of any 
sum received by him in respect of pay or allowances, and of a 
further sum of twenty shillings as smart money, he will be entitled 
to be discharged, and the sum paid by such recniit upon his dis- 
charge shall be kept by the justice, and, after deducting therefrom 
one shilling as the fee for reporting the payment to the Secretaiy 
of State for the War Department and to the inspecting field officer 
of the district, shall be paid over to any person belonging to the 
recruiting party who may demand the same ; and the justice who 
shall discharge any recruit shall in every case give a certificate 
thereof, signed with his hand, to the recruit, specifying the cause 
thereof 

46. If the recruit on appearing before a justice shall not dissent 
from his enlistment, or dissenting shall within twenty-four hours 
return and state that he is unable to pay the sums mentioned in 
the last section, he shall be attested as follows : the justice, or some 
person deputed by him, shall read to the i*ecruit the questions set 
forth in the form of attestation ordered by the Secretary of State 
for the War Department to be used, cautioning him that if he 
fraudulently make any false answer thereto he shall be liable to be 
punished as a rogue and a vagabond ; and the answers of the 



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1877. Mutiny. Ch. 7. 29 

recruits shall be recorded opposite to tlie said questions, and tbe 
justice shall require the recruit to make and sign the declaration in 
the said form, and shall then administer to him the oath of alle- 
giance in the said form ; and when the recruit shall have signed the 
said declaration, and taken the said oath, the justice shall attest the 
same by his signature, and shall deliver to the recruiting officer 
the declaration so signed and attested ; and if the recruit make a 
wilfully fiJse answer to any question so put, he shall be liable to 
be punished as a rogue and a vagabond ; and the fee for such attes- 
tation, including the declaration and oath, shall be one shilling and 
no more ; and any recruit shall, if he so wish, be furnished with a 
certified copy of the above-mentioned declaration by the officer who 
finally approved of him for the service. 

47. No recruit, unless he shall have been attested or shall have Becroits, until 
received pay other than enlisting money, shall be liable to be tried ^^^^^ ^^^ 
by court-martial ; but if any person previously to his being attested cdved pay, 
or enrolled shall by means of any false answer obtain enlistment not triable by 
or other money, or diall make any false statement in his declaration, J^^'JJ^j^' 
or shall refuse to answer any question duly authorised to be put to cases pmush- 
him for the purpose of fiUiug up such declaration, or shall refuse or able as rogues 
neglect to go before a justice for the purposes aforesaid, or having *°^ vagabonds. 
in the case of a recruit dissented from his enlistment shall wilfully 

omit to return and pay such money as aforesaid, in any of such 
cases it shall be lawful for any two justices within the United 
Kingdom, or for any one justice out of the United Kingdom, acting 
for the county, district, city, burgh, or place where any such person 
shall at any time happen to be, when he shall be brought before 
them or him, either to attest such recruit as a soldier, or to sentence 
him to be imprisoned with hard labour in any prison or house of 
correction for any period not exceeding three calendar months. 

48. Any person who shall have been attested or enrolled in the Attested re- 
regular army pr reserves, and who shall afterwards be discovered to g^^^^^^* ^ 
have given any wilfully false answer to any question directed to be either before 
put by the proper authorities, or shall have made any wilfully false two justices or 
statement in the declaration herein-before mentioned, shall be liable, ^^aL ^°"*' 
at the discretion of the proper military authorities, to be proceeded 

against before two justices in the manner herein-before mentioned, 
and by them sentenced accordingly, or to be tried by a district or 
garrison court-martial for the same, and pimished in such manner 
as such court shall direct ; and the declaration purporting to be 
made by such person on his attestation or enrolment in accordance 
with the regulations of the Secretary of State shall, in the absence 
of proof to the contrary, be deemed sufficient evidence, whether 
before such justice or justices or before any court-martial, of such 
person having represented the several particulars as stated in such 
declaration. A letter purporting to be signed by or on behalf of 
the Lords of the Admiralty, or the commanding officer of the ship, 
corps, or regiment to which such person shall appear to have 
belonged, shall on any trial be evidence of the fisrcts stated therein 
in relation to the service or discharge of such person. 

49. If any recruit shall abscond, so that it is not possible imme- Recruits 
diately to apprehend and bring him before a justice for attestation, abscoiwUng. 
the recruiting party shall produce to the justice before whom the 



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30 Ch. 7. Mutiny. 40 Vict. 

recruit ought to have been brought for that purpose a certificate 
of the name and place of residence and description of such recruit, 
and of his having absconded, and shall declare the same to be true ; 
and the justice to whom such certificate shall be produced shall 
transmit a duplicate thereof to the Secretary of State for the War 
Department, in order that the same may appear in the "Police 
Gazette." For the purposes of this section and all purposes of at- 
testation and enlistment, a justice of any county or borough shall be 
deemed to be a justice of any other county or borough. 
As to fraudu- 50, If any man while belonging to any regiment or corps of the 
lent re-enlist- regular, reserve, or auxiliary forces shall, without being discharged 
^^^' by the proper authorities therefrom, enlist or be enrolled or attempt 

to enlist or be enrolled in any regiment or corps, whether of the 
regular, reserve, or auxiliary forces, he shall be liable to be tried 
before a court-martial on a charge for desertion ; but it shall be 
lawful for the Secretary of State for the War Department to give 
such general directions as may from time to time appear to him 
necessary for placing any man who confesses himself to be a militia- 
man under stoppage of one penny a day of his pay for eighteen 
calendar months, in lieu of his being tried by court-martial ; and in 
the case of a militiaman who shall have belonged to the Militia 
Reserve at the time of his attestation for placing him under a 
further stoppage of one penny a day for two hundred and forty 
days, and fturther to give general directions as to the manner in 
which such stoppages shall be applied, and whether, on making 
good the same, the man shall be returned to his militia regiment or 
be deemed to be a soldier in the same manner as if he had not been 
a militiaman at the time of his attestation : Pl'ovided, that every 
soldier who while belonging to a militia regiment enlisted in Her 
Majesty's army, whether such enlistment took place before or after 
the passing of the Mutiny Act, 1860, shall reckon service towards 
the performance of his limited engagement from the date of his 
attestation : Provided also, that any such soldier shall not reckon 
service for pension until the day on which his engagement for the 
militia would have expired ; but if any such soldier shall subse- 
quently to his enlistment have rendered long, faithful, or gallant 
service, the Secretary of State for War may, upon the special re- 
commendation of the Commander-in-Cliief, order that he may reckon 
Volunteer per- service for pension from the date of his attestation. If any non- 
manent staflf. commissioned oflicer of the Volimteer permanent staff enlists in 
Her Majesty's army he may be tried and punished as a deserter, 
but if he confesses his desertion the Secretary of State for the War 
Department, instead of causing him to be tried and punished as a 
deserter, may cause him to be returned to his service on the 
Volunteer permanent staff, to be there put under stoppages from 
his pay until he has repaid the amount of any bounty received by 
him and the expenses attending his enlistment, and also the value 
of any arms, &c. issued to him whUe on the Volunteer permanent 
staff, and not duly delivered up by him ; or may cause him to be 
held to his service in Her Majesty's army, with a direction, if it 
seems fit, that his time of service therein shall not be reckoned for 
pension until the time when his engagement on the Volunteer per- 
manent staff would have expired ; and may further cause him to be 



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1877, Mutmy. Ch. 7. 31 

pat under stoppages of one penny a day of his pay until he has 
repaid the expense attending his engagement or attestation on the 
Volunteer permanent staff, and also the value of any arms, clothing, 
or appointments issued to him while on the Volunteer permanent 
ataff^ and not duly delivered up by him. 

The sixth section of the Army Enlistment Act, 1867, and the Rules for 
twelfth section of the Army Enlistment Act of 1870, are hereby reckoning 
repealed. In reckoning the service of a soldier, for the purpose of ^"^^• 
discharge under either of the above-named Acts, all periods of time 
shall be excluded during which he has been absent from his duty 
for any of the following causes : Imprisonment under sentence of a 
dvil court, or a court-martial, or detention in respect of trial for an 
offence of which he is afterwards convicted, desertion or absence 
without leave exceeding five days or as a prisoner of war, unless it 
appear to the satisfaction of a com*t-martial to be summoned on his 
rejoining Her Majesty's service, that he was not taken prisoner 
ihrough his own wilftd neglect of duty, and that he rejoined as 
soon as he could and ought to have done. 

6L Every person subject to this Act who shall wilfully act Punishment of 
contrary to any of its provisions in any matter relating to the p«"on«.ofifend- 
enlisting or attesting of recruits for Her Majesty's army shall be ISws^^ing 
liable to be tried for such offence before a general, district, or to enlistment. 
garrison court-martial, and to be sentenced to such punishments 
other than death or penal servitude as such courts may award.; 

52. It shall be lawful for any justice of the peace or person Enlistment and 
exercising the office of a magistrate within any of Her Majesty's re-enlistment, 
dominions abroad, and in any colony for any other person duly JSoth»*corps^ 
authorised in that behalf by the governor or officer administering abroad. 
the government of such colony, and beyond the limits of Her 
Majesty's dominions for any British consul or person duly exercising 
the authority of a British consul, and in Her Majesty's dominions 
in India for any person duly authorised in that behalf by the 
Governor Qeneral or lieutenant governor or other officer adminis- 
tering the government of any presidency, division, or province, and 
withm the territories of any foreign state in India for the person 
performing the duties of the office of British resident therein, and 
for any other person duly authorised in that behalf by the Governor 
General, to enlist and attest or to re-engage within the local limits 
of their several authorities any soldiers or persons desirous of en- 
listing or re-engaging in Her Majesty's army ; and it shall be 
lawful, notwithstanding anything contwied in the statute twenty- 
third and twenty-fourth Victoria, chapter one hundred, for any 
person so authorised in Her Majesty's dominions in India^ or 
within the territories of any foreign state in India, to enlist and 
attest within the local limits of his authority any persons desiroas 
of enlisting in Her Majesty's Indian forces. Any such magistrate 
or person as aforesaid shall have the same powers in tiiat behalf as 
are by this or any other Act of Parliament given to justices in the 
United Eangdom for all such purposes of enlistment and attes- 
tation ; but no such magistrate or other person authorised to enlist 
and attest as above mentioned shall be a general officer or hold any 
regimental commission ; and all such appointments, past and future, 
and everything done or to be done under them, shall be valid and 



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32 Ch. 7. Mutiny. 40 Vict. 

of full effect, notwithstanding the expiration of this Act or of any 
other Act of Parliament ; and any person so attested shall be deemed 
to be an attested soldier. 
Soldiers willing 63. When any corps shall be relieved or disbanded at any station 
may be trans- beyond the seas it shall be lawful for any officers thereunto autho- 
eeedinff^coros. ^ised by the officer commanding in chief at such station to receive 
as transfers as many of the soldiers belonging to the coi-ps leaving 
the station as shall be willing and fit for service for any corps 
appointed to remain; and every soldier so transferred is hereby- 
deemed to be discharged from his former corps, and an attested 
certificate of transfer shall be delivered to the soldier. 
Soldiers may 54. It shall be lawful for the Commander-in-Chief, and on any 
be transferred foreign station for the general or other officer commanding at sudi 
TiJTto^MioUicr. station, to direct that any soldier attested for any one branch of 
the service shall^ on the application of his commanding officer, and 
with his own consent, be transferred to some other branch of the 
service or to some other regiment or corps in the same branch of 
the service, either within the United Kingdom or elsewhere ; and 
every soldier so transferred shall be deemed to be discharged from 
his former corps, and shall have a certificate of transfer delivered 
to him : Provided always, that any soldier who may be employed 
as a warrant officer not holding an honorary commission, or in the 
corps of armourer sergeants, or the army hospital corps, or the army 
service corps, shall be liable, by order of tiie military authorities 
above mentioned, to be re-transferred to his former corps, or to any 
other corps on the station on which he is serving at the time, for 
misconduct, unfitness, or any other reasonable cause : Provided also, 
that any staff clerk or other non-commissioned officer or soldier on 
the staff of the army may be transferred to any corps serving at 
the station at the time of his removal from staff employ : Provided 
also, that upon the conviction by court-martial of any soldier of the 
crime of desertion, the officer commanding in chief Her Majesty's 
forces may, and if the court-martial has been held at a foreign 
station the officer commanding in chief Her Majesty's forces at such 
foreign station may^ order such soldier to serve in any regiment or 
corps. 
Re-engagement 56. Any soldier who being in army service has commenced the 
<*^ ■o^^" fo'' last year of his first term of enlistment, or who being within three 
a ftipther term, y^j^^g ^f ^y^^ expiration of his first term of enlistment, has been 
ordered, but has not yet proceeded on foreign service, may, with 
the approval of his commanding officer, or other competent military 
authority, and subject to such regulations as may from time to 
time be made by the Secretary of State, be re-engaged for such a 
period as shall complete a total period of twenty-one years in Her 
Majesty's service, reckoning froai the time of his first enlistment ; 
and any soldier who has completed a total period of twenty-one 
years service may, with the approval of the competent military 
authorities, continue to serve beyond such total period, under the 
provisions of the tenth section. Army Enlistment Act, 1870 ; and 
any person who has been a soldier, and who has received his dis- 
charge, may also be so re-engaged upon making a declaration, in 
the form ordered by the Secretary of State for the War Department 
to be used, before any one of Her Majesty's justices of tlie peace 



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1877. Mutiny. Ch. 7. 3S 

in Great Britain or Ireland, or if not in Great Britain or Ireland 
' before any person duly appointed to enlist and attest out of Great 
Britain and Ireland any soldiers or persons desirous of enlisting or 
re-engaging in Her Majesty's service : Provided always, that in Boon Bervice to 
reckoning service under the original enlistment or re-engagement ^® reckoned, 
of a soldier the boon service granted by the general order of the 
Ctovemor General of India, dated twelfth of October one thousand 
«ight hundred and fifty-nine, shall be reckoned as actual service, 
and allowed towards pension and discharge: Provided also, that 
every soldier now serving who belonged to the garrison which de- 
fended Lucknow, or to the garrison which defended the Alumbagh, 
before the advance of any portion of the forces under the late Lord 
Clyde in one thousand eight hundred and fifty-seven, shall be 
allowed to reckon one year's service towards the performance of 
liis limited engagement, and also towards pension on discbarge: 
Provided also, that every soldier who volunteered into Her 
Majesty's army from any embodied regiment of militia between 
the thirty-first of December one thousand eight hundred and fifty- 
five and the twenty-first of March one thousand eight hundred 
•and sixty-one inclusive, or from the disembodied mUitia during 
the last week of the training of his regiment in the year one 
thousand eight hundred and fifty-eight, and who had rendered 
previous to volunteering six months embodied or disembodied 
militia service, shall be allowed to reckon towards good-conduct 
pay and pension, and towards the completion of his limited 
engagement of service in Her Majesty's army, half the embodied 
service which he had rendered in the militia after attaining the age 
of eighteen. 

66. All negroes or persons of colour who, although not bom in Enlistment of 
any of Her Majesty's colonies, territories, or possessions, shall have '^^fir'oea. 
voluntarily enlisted into Her Majesty's service, shall, while serving, 
be deemed to be soldiers legally enlisted into Her Majesty's service, 
and be entitled to all the privileges of natural-bom subjects ; and 
all negroes who have been seized and condemned as prize under 
the Slave Trade Acts, and appointed to serve in Her Majesty's 
army, shall he deemed to be and shall be entitled to all the 
advantages of negroes or persons of colour voluntarily enlisted to 
serve as soldiers in any of Her'Majesty's colonial forces. 

57. Any person duly bound as an apprentice in Great Britain Apprentice en- 
or Ireland, or as an indentured labourer in any of Her Majesty's H*^^^^ ^ 
colonies or possessions abroad, who shall enlist as a soldier in Her ^„ ^^ g^^. * 
Majesty's army, and shall falsely state to the magistrate before pirationofhis 
whom he shall be carried and attested that he is not an apprentice apprenticeship. 
or indentured labourer as aforesaid, shall be deemed guilty of 
obtaining money under false pretences, if in' England or in Ii'eland, 
or in the colonies or possessions aforesaid, and of falsehood, fraud, 
and wilful imposition, if in Scotland, and shall after the expiration 
of his apprenticeship, or of his indenture as a labourer, whether 
he shall have been so convicted and punished or not, be liable to 
serve as a soldier in Her Majesty's army according to the terms of 
the enlistment, and if on the expiration of his apprenticeship, or 
of his indenture as a labourer, he shall not deliver himself up to 
some officer authorised to receive recruits, such pereon may be 
[thk law repobts.] O 



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84 

Claims of 
masters to 
apprentices. 



Ch.7. 



Mutiny. 



40 Vict. 



Punishment of 

apprentices 

enlisting. 



taken as a deserter from Her Majesty's army ; and no master shall 
be entitled to claim an apprentice or an indentured labourer as- 
aforesaid who shall enlist as a soldier in Her Majesty's army, or 
shall be serving in the embodied militia^ unless he shaU, within 
one calendar month after such apprentice or indentured labourer 
shall have left his service, go before some justice, and take the 
oath mentioned in the sch^ule to this Act annexed, and shall 
produce the certificate of such justice of his having taken such oath,, 
which certificate such justice is required to give in the form in the 
schedule to this Act annexed, and unless such apprentice shall have 
been bound, if in England, for the full term of five years, not 
having been above the age of fourteen when so bound, and, if in. 
Ireland or in the British Isles, for the full term of five years at the 
least, not having been above ihe age of sixteen when so bound, and, 
if in Scotland, for the full term at least of four years, by a regular 
contract or indenture of apprenticeship, duly extended, signed, and 
tested, and binding on both parties by the law of Scotland, prior 
to the period of enlistment, and unless such contract or indenture 
in Scotland shall, within three months affcer the commencement of 
the apprenticeship, and before the period of enlistment, have been, 
produced to a justice of the peace of the county in Scotland wherein 
the parties reside, and there shall have been indorsed thereon by 
such justice a certificate or declaration signed by him specifying- 
the date when and the person by whom such contract or indenture 
was so produced, which certificate or declaration such justice of 
the peace is hereby required to indorse and sign, and unless such 
apprentice shall, when claimed by such master, be under twenty-one: 
years of age : Provided always, that any master of an apprentice 
indentured for the sea service, or of any indentured labourer in Her 
Majesty's colonies or possessions abroad, shall be entitled to claim 
and recover him in the form and manner above directed, not- 
withstanding such apprentice or indentured labourer may have 
been bound for a less term than five or four years as aforesaid : 
Provided also, that any master who shall give up the indentures of 
his apprentice or of his labourer as aforesaid within one month 
after the enlisting of such apprentice or indentured . labourer shall 
be entitled to receive to his own use so much of the bounty payable 
to such recruit as shall not have been paid to such recruit before^ 
notice given of his being an apprentice or an indentured labourer. 

58. No apprentice or indentured labourer claimed by his master 
as aforesaid shall be taken from any corps or recruiting party,, 
except under a warrant of a justice residing near, and within whose 
jurisdiction such apprentice or indentured labourer shall then 
happen to be, before whom he shall be carried ; and such justice 
shall inquire into the matter upon oath, which oath he is hereby em- 
powered to administer, and shall require the production and proof 
of the indenture, and that notice of the said warrant has been given 
to the commanding officer, and a copy thereof left with some officer 
or non-commissioned officer of the party, and that such person so 
enlisted declared that he was no apprentice or indentured labourer ; 
and such justice, if required by such officer or non-commissioned 
officer, shfdl commit the offender to the conmion gaol of the county,, 
division, or place for which such justice is acting, and shall keep the 



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1877. Mutiny. Ch. 7. 35 

indenture to be produced when required, and shall bind over such 
person as he may think proper to give evidence against the offender^ 
who shall be tried at the next or at the sessions immediately suc- 
ceeding the next general or quarter sessions of such county^ division, 
or place, unless the court shcUl for just cause put off the trial ; and 
the production of the indenture, with the certificate of the justice 
that the same was proved, shall be sufficient evidence of the said 
indenture; and every such offender in Scotland maybe tried by the 
judge ordinary in the county or stewartry in such and the like 
manner as any person may be tried in Scotland for any offence not 
inferring a capital punishment : Provided always, that any justice 
not required as aforesaid to commit such apprentice or indentured 
labourer may deliver him to his master. 

69. No person who shall, for six months either before or after Bemoyal of 
the passing of this Act, have received pay and been borne on the ^2^^**^ ^^ 
strength and pay list of any regiment or corps, or dep6t or battalion soldiers.^ 
of a regiment or corps (of which the last quarterly pay list, if pro- 
duced, shall be evidence), shall be entitled to claim his discharge 
on the ground of error or illegality in his enlistment or attestation 
or re-engagement, or on any other ground whatsoever, but, on the 
contrary, every such person shall be deemed to have been duly en- 
listed, attested, or re-engaged, as the case may be ; and no person 
shall be exempted from the provisions of this Act or of the .^jrtides 
of War for the time being by reason only that the number of the 
forces for the time being in the service of Her Mtgesty is either 
greater or less than the number herein-before mentioned. 

60. No Secretary of State for the War Department, paymaster Authorised 
general of the army, paymaster, or any other officer whatsoever, or ^educti^s 
any of their under officers, shall receive any fees or make any de- from*Sie ^of 
ductions whatsoever out of the pay of any officer or soldier in Her the anny. 
Majesty's army, or from their agents, which shall grow due from 

and after the twenty-fifth day of April one thousand eight hundred 
and seventy-six, other than the usual deductions, or such other 
necessary deductions as shall from time to time be authorised or 
required by Her Majesty's regulations or Articles of War, or by 
statute twenty-six and twenty-seven Victoria, chapter sixty-five> 
section eight (Volunteer Act), or by Her Majesty's order signified 
by the Secretary of State for the War Department; and every 
paymaster or other officer who having received any officer's or 
soldier's pay shall unlawfully detain the same for the space of one 
month, or refuse to pay the same when it shall become due, accord* 
ing to the several rates and agreeably to the several regulations 
established by Her Majesty's orders, shall, upon proof thereof before 
a court-martial, be disdiarged from his employment, and shall forfeit 
one hundred pounds, and the informer^ if a soldier^ shall, if he 
demand it, be dischai^ged from any further service^ 

61. And whereas by petition of right in the third year of King SnspendiDg 
Charles the First it is enacted and declared, that the people of the ^^^^^^ i^ 
land are not by the laws to be burdened with the sojourning of h^^recited. 
soldiers against their wills ; and by a clause in an Act of the Parlia- 
ment of England, made in the thirtyrfirst year of the reign of King 

Charles the Second, for grantbg a sup^y. to His Majesty of two 
hundred and six thousand four hundred and sixty-two pounds 

C 2 



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36 



Ch.7. 



Mutiny. 



40 Vict. 



6 Anne, o. 14. 
«.8.(L) 



Certain re- 
qnirements of 
6 Anne, c 14. 
(I.),Mto 
billetiDg in 
Ireland, not 
now necessary. 



seventeen shillings and threepence, for paying and disbanding the 
forces, it is declared and enacted that no officer, civil or military, 
nor other person whosoever, should thenceforth presume to place, 
quarter, or billet any soldier upon any subject or inhabitant of this 
realm, of any degree, quality, or profession whatsoever, without his 
consent, and that it shall be lawful for any subject or inhabitant 
to refuse to quarter any soldier, notwithstanding any warrant or 
billeting whatsoever : Aiid whereas by an Act passed in the Parlia- 
ment of Ireland in the sixth year of the reign of Queen Anne, 
chapter fourteen, section eight, intituled '^ An Act to prevent the 
" disorders that may happen by the marching of soldiers, and pro- 
" viding carriages for the baggage of soldiers on their march," it 
was enacted, that no officer, soldier, or trooper in the army, nor the 
servant of any officer, nor any attendant on the train of ai-tillery, 
nor any yeoman of the guard or battle-axes, nor any officer com- 
manding the said yeomen, nor any servant of any such officer, 
shotdd at any time thereafter have, receive, or be allowed any 
quarters in any part of Ireland, save only during such time or times 
as he or they should be on their march as in the same Act is before 
mentioned, or during such time as he or they should be and remain 
in some seaport town or other place in the neighbourhood of a 
seaport town in order to be transported, or during such time as 
there should be any commotion in any part of Ireland, by reason 
of which emergency the army, or any considerable part thereof, 
should be conunanded to march from one part of Ireland to another: 
But forasmuch as there is and may be occasion for the liiarching 
and quartering of regiments, corps, troops, and companies in several 
parts of the United Kingdom of Great Britain and Ireland, the said 
several provisions of the said recited Acts shall be suspended and 
cease to be of any force or effect during the continuance of this Act. 
62. And whereas by the eleventh section of the said Act of the 
sixth year of the reign of Queen Anne, chapter fourteen, it is pro- 
vided and enacted, that no civil magistrate or constable should be 
obliged to find quarters for or give billets to more or other soldiers 
than those only whose true Christian and surnames should be 
delivered to him in writing under the hand of the officer desiring 
quarters or billets for such soldiers at the time such quarters or 
billets should be desired, and that all such names should be written 
together and delivered in one piece of paper, signed as aforesaid, 
and that the Christian and surnames of every soldier to be quartered 
or billeted, together with the name of the person on whom he or 
they should be billeted or quartered, should be given in writing by 
the constable or civil officer billeting or quartering such soldier, and 
be contained in the billet given by such civil officer : And whereas 
it has been found inconvenient and difficult to comply with all the 
requirements of the said enactment : It shall not be necessary, so 
long as this Act shall continue in force, for any officer, upon the 
occasion of his requiring quarters or billets for any soldiers in 
Ireland, to deliver to the constable or other person whose duty it 
shall be to find or give the same any list of the names of the soldiers 
to be so quartered or billeted ; and it shall not be necessary for 
the constable or other such person as aforesaid to set forth in any 
billet the name of any soldier to be billeted or quartered, but only 



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1877. Mutiny. Ch. 7. 37 

the number of the soldiers, or the number of the soldiers and horses 
respectively, as the case may requiie, to be billeted or quartered 
on the person named in the billet, and to whom the same shall be 
addressed* 

63. It shall be lawful for all constables of parishes and places. How and when 
and other persons specified in this Act, in Great Britain and Ireland, ^^^^ ^ 
and they are hereby required, to billet the officers and soldiers in ® 
Her Majesty's service, and out-pensiouers when assembled as a local 
force by competent authority, and persons receiving pay in Her 
Majestjr's army, and the horses belon^'ing to Her Majesty's cavalry, 
and also all staff and field officers horses, and all b&t and ba^age 
horses belonging to any of Her Majesty's other f(»rces, when on 
actual service, not exceeding for each officer the number for which 
forage is or shall be allowed by Her Majesty's regulations, in 
victualling houses and other houses specified in this Act (taking 
care in Ireland not to billet less than two men in one house, except 
only in case of billeting cavalry as specially provided) ; and they 
shall be received by the occupiers of the houses in which they are 
80 billeted, and be furnished by such victuallers with proper accom- 
modation in such houses, or if any victualler sliall not have sufficient 
accommodation in the house upon which a soldier is billeted, then in 
some good and sufficient quarters to be provided by such victualler 
in the immediate neighbourhood, and in Great Britain shall also be 
furnished with diet and small beer, and in Great Britain and Ireland 
with stables, oats, hay, and straw for such horses as aforesaid, 
paying and allowing for the same the several rates herein-after 
provided ; and at no time when troops are on a march shall any of 
them, whether infantry or cavalry, be billeted above one mile from 
the place mentioned in the route, care being always taken that 
billets be made out for the less distant houses^ in which suitable 
accommodation can be found, before making out billets for the more 
di&tant ; and in all places where cavalry shall be billeted in pur- 
suance of this Act, each man and his horse shall be billeted in one 
and the same house, except in case of necessity ; and, except in case 
of necessity, one man at least shall be billeted where there shall be 
one or two horses, and two men at least where there shall be four 
horses, and so in proportion for a greater number ; and in no case 
Bhall a man and his horse be billeted at a greater distance from 
each other than one hundred yards ; and the constables are hereby 
required to billet aU soldiers and their horses on their march, in 
the manner required by this Act, upon the occupiers of all houses 
within one mile of the place mentioned in the route, and whether 
they be in the same or in a different county, in like manner in 
every respect as if such houses were all locally situate within such 
place; provided that nothing herein contained shall be construed to 
extend to authorise any constable to billet soldiera out of the county 
to which such constable belongs when the constable of the adjoining 
county shall be present and shall undertake to billet the due propor- 
tion of men in such adjoining county ; and no more billets shall at 
any time be ordered than there are effective soldiers and horses 
present to be billeted ; all which billets, when made out by such 
constables, shall be delivered into the hands of the commanding 
officer present ; and if any i)erson shall find himself aggrieved by 



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38 Ch.7. Mutiny. 40 Vier. 

having an undue proportion of soldiers billeted in his house, and 
shall prefer his complaint, if against a constable or other person 
not being a justice, to one or more justices, and if against a justice 
then to two or more justices within whose jurisdiction such soldiers 
are biQeted, such justices respectively shall have power to order 
such of the soldiers to be removed, and to be billeted upon other 
persons, as they shall see cause ; and when any of Her Majesty's 
cavalry or any horses as aforesaid shall be billeted upon the occupiers 
of houses in which officers or soldiers may be quartered by virtue 
of this Act who shall have no stables, then and in such case, upon 
the written requisition of the commanding officer of the regiment, 
corps, troop, or detachment, the constable is hereby required to 
billet the men and their horses, or horses only, upon some other 
person or persons who have stables, and who are by this Act liable 
to have officers and soldiers billeted upon them ; and upon com- 
plaint being made by the person or persons to whose house or 
stables the said men or horses shall have been so removed to two or 
more justices within whose jurisdiction such men or horses shall be 
so billeted, it shall be lawful for such justices to order a proper 
allowance to be paid by the person relieved to the persons receiving 
such men and horses, or to be applied in furnishing the requisite 
accommodation ; and commanding officers may exchange any man 
or horse billeted in any place with another man or horse billeted in 
the same place for the benefit of the service, provided the number 
of men and horses do not exceed the numb^ at that time billeted 
on such houses respectively ; and the constables are hereby required 
to billet such men and horses so exchanged accordingly; and it 
shall be lawM for any justice, at the request of any officer or non- 
commissionedofficer commanding any soldiers requiring billets, to 
extend any routes or to enlarge the districts within which billets 
shall be required, in such manner as shall appear to be most con- 
venient to the troops ; provided that to prevent or punish all abuses 
in billeting soldiers, it shall be lawful for any justice within his 
jurisdiction, by warrant or order under his hand, to require any 
constable to give him an account in writing of the number of 
officers and soldiers who shall be quartered by such constables, 
together with the names of the persons upon whom such officers 
and soldiers are billeted, stating the street or place where such 
persons dwell, and the sign, if any, belonging to the houses : Pro- 
vided always, that no officer shall be compelled or compellable to 
pay anything for his lodging where he shall be duly billeted 
Billeting the 64. The officers and soldiers of Her Majesty's Foot Guards shall 

guardjun and be biUeted within the city and liberties of Westminster and places 
«^-.w-o* adjacent, lying in the county of Middlesex (except the city of 
London) and in the county of Surrey, and in the borough of South- 
wark, in the same manner and under the same regulations as in 
other parts of England, in all cases for which particular provision is 
not made by this Act ; and the high constables shall, on receipt of 
the order for billeting soldiers, deliver precepts to the several con- 
stables within their respective divisions, in pursuance of which the 
said constables shall billet such officers and soldiers equally and 
proportionably on the houses subjected thereto by this Act ; and 
the said constables shall, at every general sessions of the peace to 



near West- 
minster, 



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1877. Mutiny. Ch. 7. 39 

be holden for the said city and liberties, counties and borough 
respectively, make, and deliver to the justices then in open session 
assembled, upon oath, which oath the said justices are hereby re- 
quired to administer, lists, signed by them respectively, of the / 
houses subject by this Act to receive officers and soldiers, together 
with the names and rank of all officers and soldiers billeted on each 
respectively, which lists shall remain with the respective clerks of 
the peace for the inspection of all persons without fee or reward ; 
and such clerk shall forthwith from time to time deliver to any 
persons who shall require the same true copies of any such lists upon 
being paid twopence per sheet for the same, each sheet to contain 
at the least one hundred and fifty words. 

65. No justice having or executing any military office or com- Military offi- 
mission in any part of the United Kingdom shall, directly or ^^ ^ *®* 
indirectly, be concerned in the billeting or appointing quarters for tiiieting!^^ "^ 
any solc^er in the regiment, corps, troop, or company under the 
immediate command of such justice, and all warrants, acts, and * 
things made, done, and appointed by such justice for or concerning 

the same shall be void. 

66. The innholder or other person on whom any soldier is Allowance to 
billeted in Great Britain shall, if required by such soldier, furnish i^^^««P«"- 
him for every day of the march, and for a period not exceeding two 

days when halted at the intermediate place upon the march, and for * 
the day of the arrival at the place of final destination, with one hot 
meal in each day, the meal to consist of such quantities of diet and 
small beer as may be fixed by Her Majesty's regulations, not ex- 
ceeding one pound and a quarter of meat previous to being dressed, 
one pound of bread, one pound of potatoes or other vegetables, and 
two pints of small beer, and vinegar, salt, and pepper, and for such 
meal the innholder or other person furnishing the same shall be paid 
the sum of thirteenpence halfpenny, and twopence hal^nny for a 
bed ; and all innholders and other persons on whom soldiers may 
be biUeted in Great Britain or Ireland, except when on the march 
in Great Britain and entitled to be furnished with the hot meal as 
aforesaid, shall furnish such soldiers with a bed and with candles, 
vinega?; and salt, and shall allow them the use of fire, and the 
necessary utensils for dressing and eating their meat, and shall be 
paid in consideration thereof the sum of fourpence per diem for each 
soldier ; and the sum to be paid to the innholder or other person on 
whom any of the horses belonging to Her Majesty's forces shall be 
biUeted in Great Britain or Ireland for ten pounds of oats, twelve 
pounds of hay, and eight pounds of straw, shall be one shilling and 
ninepence per diem for each horse ; and every officer or non-com- 
missioned officer commanding a regiment, detachment, or party 
shall, every four days, or before they shall quit their quarters if 
they shall not remain so long as four days, settle and discharge the 
just demands of all victuallers or other persons upon whom such 
officers, soldiers, or horses are billeted, out of the pay and subsistence 
of such officers and soldiers, before any part of the said pay or sub- 
sistence be distributed to them respectively ; and if any such officer 
or non-commissioned officer shall not pay the same as aforesaid, 
then, upon complaint, and oath made thereof by any two witnesses 
before two justices of the peace for the county, riding, division, 



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40 



Ch.7. 



Mutiny, 



40 Vict. 



Interpretation 
of Act. 



Powers and 
regulations as 
to billets. 



Exemptions 
from billets. 



liberty, city, borough, or place where such quarters were situated, 
sitting in quarter or petty sessions, the Secretary of State for tlie 
War Department is hereby required (upon certificate of the justices 
before whom such oath was made of the sum due upon such ac- 
counts, and the persons to whom the same is owing,) to give orders 
to the. agent of the regiment or corps to pay the sums due to such 
victuallers or other persons as aforesaid, and to charge the same 
against such officers ; aijd in case any soldier be suddenly ordered to 
march, and the respective commanding officers or non-commissioned 
officers are not enabled to make payment of the sums due for the 
lodging or victualling of the men and stabling or forage for the 
horses, every such officer or non-commissioned officer, shall, before 
his departure, make up the account wi|h every pereon upon whom 
such soldier may have been billeted, and sign a certificate thereof; 
which account and certificate shall be transmitted by such officer or 
non-commissioned officer to the agent of the regiment or corps, who 
is hereby required to make immediate payment thereof, and to 
charge the same to the account of such officer or non-conmiissioned 
officer. 

67. All powers and provisions relating to soldiers shall be con- 
strued to extend to non-commissioned officers, unless when other- 
wise provided ; and all powers and provisions relating to justices 
shall be construed to extend to all magistrates authorised to act 
as such in their respective jurisdictions and to chief magistrates of 
exclusive local jurisdictions ; and all the powers given to and regu- 
lations made for the conduct of constables in relation to the billeting 
of officers and soldiers, and all penalties and forfeitures for any 
neglect thereof, shall extend to all tithingmen, headboioughs, and 
snch-like officers, and to all inspectors or other officers of police, and 
to high constables and other chief officers and magistrates of cities, 
towns, villages, hamlets, parishes, and places in England and Ire- 
land, and to all justices of the peace, magistrates of burghs, commis- 
sioners of police, and other chief officers and magistrates of cities, 
towns, villages, parishes, and places in Scotland, who shall act in 
the execution of this Act in relation to billeting ; and all powers 
and provisions for billeting officers and soldiers in victualling houses 
shall extend and apply to all inns, hotels, livery stables, alehouses, 
and to the houses of sellers of wine by retail, whether British or 
foreign, to be drunk in their own bouses, or places thereimto be^ 
longing, and to all houses of persons selling brandy, spirits, strong 
waters, cider, or metheglin, by retail, in Great Britain and Ireland ; 
and in Ireland, when there shall not be found sufficient room in 
such houses, then to billeting soldiers in such manner as has been 
heretofore customary: Provided that no officer or soldier shall be 
billeted in Great Britain in any private houses, or in any canteen 
held or occupied under the authority of the War Department, or 
upon persons who keep taverns only, being vintners of the City of 
London admitted to their freedom of the said company in right of 
patrimony or apprenticeship, notwithstanding such persons who 
keep such taverns only have taken out victualling licenses, nor in 
the house of any distiller kept for distilling brandy and strong 
waters, nor in the house of any shopkeeper whose principal dealing 
shall be more in other goods and merchandise than in brandy and 



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1877. Mutiny. Ch. 7. 41 

sfcrong waters, so as such distillers and shopkeepers do not permit 
tipplinj; in such houses, nor in the house of residence in any part 
of the United Kingdom of any foreign consul duly accredited as 
such. 

68. For the regular provision of carnages for Her Majesty s Supply of 
forces, and their baggage, in their marches in Great Britain and carriages. 
Ireland, all justices of the peace within their several jurisdictions, 

being duly required thereunto by an order from Her Majesty, or the 
general of her forces, or other person duly authorised in that behalf, 
shall, on production to them of such order, or a copy thereof, certi- 
fied by the commanding olBcer, by some officer or non-commissioned 
officer of the regiment or corps so ordered to march, issue a warrant 
to any constable having authority to act in any place from, through, 
near, or to which the troop shall be ordered to march, (for each of 
which warrants the fee of one shilling only shall be paid,) requiring 
him to provide the carriages, horses, and oxen, and drivers therein 
mentioned, and allowing sufficient time to do the same, specifying 
the places from and to which the said carriages shall travel, and 
the distance between the places, for which distance only so specified 
payment shall be demanded, and which distance shall not, except in 
cases of pressing emergency, exceed a day's march prescribed in the 
order of route, and shall in no cases exceed twenty-five miles ; and 
the constables receiving such warrants shall order such persons as 
they shall think proper, having carriages, to famish the requisite 
supply, who are hereby required to furnish the same accordingly ; 
and when sufficient carriages cannot be procured within the proper 
jurisdiction, any justice of the next adjoining jurisdiction shall, by a 
like course of proceeding, supply the deficiency ; and in order that 
the burden of providing carriages may faU equally, and to prevent 
inconvenience arising from there being no justice near the place 
whei-e troops may be quartered on the march, any justice residing 
nearest to such place may cause a list to be made out once in every 
year of all persons liable to furnish such carriages, and of the num- 
ber and description of their said carriages, (which list shall at all 
seasonable hoxirs be open to the inspection of the said persons,) and 
may by warrant under his hand authorise the constable within his 
jurisdiction to give orders to provide carriages, without any special 
warrant for that purpose, which orders shall be valid in all respects ; 
and all orders for such carriages shall be made from such lists in 
regular rotation, as far as the same can be done. 

69. In every case in which the whole distance for which any Rates to be 
carriage shall be impressed shall be under one mile the rate of a full pa»d for car- 
mile shall be paid ; and the rates to be paid for caniages impressed g^ationTre-^' 
shall be, in Great Britain, for every mile which a waggon Mdth four lating thereto, 
or more horses, or a wain with six oxen or four oxen and two 

horses, shall travel, one shilling ; and for every mile any waggon 
with narrow wheels, or any cart with four horses, carrying not less 
than fifteen hundredweight, shall travel, ninepence ; and for every 
mile any other cart or carriage with less than four horses, and not 
carrying fifteen hundredweight, shall travel, sixpence ; and in Ire- 
land, for every hundredweight loaded on any wheel carriage, one 
half^nny per mile ; and in Great Britain such further rates may be 
added, not exceeding a total addition per mile of fourpence, three- 

C 5 -H 



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42 Ch. 7. Mutmy. 40 Vict. 

pence, or twopence, to the respective rates of one shilling, ninepence> 
or sixpence, as may seem reasonable to the justices assembled at 
general sessions for their respective districts, or to the recorder at 
the sessions of the peace of any municipal city, borough, or town ; 
and the order of such justices or recorder shall specify the average 
price of hay and oats at the nearest market town at the time of 
fixing such additional rates, the period for which the order shall be 
enforced not exceeding ten days beyond the next general sessions ; 
and no such order shall be valid unless a copy thereof, signed by the 
presiding magistrate and one other justice, or by the recorder, shall 
be transmitted to the Secretary of State for the War Department 
within three days after the making thereof; and also in Great 
Britain when the day's march shall exceed fifteen miles the justice 
granting his warrant may fix a further reasonable compensation, 
not exceeding the usual rate of hire fixed by this Act ; and when 
any additional rates or compensation shall be granted, the justice 
shall insert in his own hand in the warrant the amount thereof, and 
the date of the order of sessions, if fixed by sessions, and the warrant 
shall be given to the officer commanding as his voucher ; and the 
officer or> non-commissioned officer demanding carriages by virtue 
of the warrant of a justice shall, in Great. Britain, pay the proper 
sums into the hands of the constables providing carriages, who shall 
give receipts for the same on unstamped paper ; and in Ireland 
the officers or non-commissioned officers as aforesaid shall pay the 
proper sums to the owners or drivers of the carriages, and one-third 
part of such payment shall be made befoi*e the carriage be loaded, 
and all the said payments in Ireland shall be made, if required, in 
the presence of a justice or constable ; and no carriage shall be 
liable to carry more than thirty himdredweight in Great Britain, 
and in Ireland no car shall be liable to carry more than six hun- 
dredweight, and no dray more than twelve hundredweight ; but the 
owner of such carriages in Ireland consenting to carry a greater 
weight shall be paid at the same rate for every hundredweight of 
the said excess ; and the owners of such carriages in Ireland shall 
not be compelled to proceed, though with any less weight, under the 
sum of threepence a mile for each car and sixpence a mile for each 
dray ; and the loading of such carriages in Ireland shall be fijrst 
weighed, if required, at the expense of the owner of the carriage, if 
the same can be done in a reasonable time, without hindrance to 
Her Majesty's service ; provided that a cart with one or more horses 
for which llie furnisher shall receive ninepence a mile shall be re- 
quired to carry fifteen hundredweight at the least ; and no penalties 
or forfeitures in any Act relating to highways or turnpike roads in 
the United Kingdom shall apply to the number of horses and oxen, 
or weight of loading of the aforesaid carriages, which shall not on 
that account be stopped or detained ; and whenever it shall be 
necessary to impress carriages for the march of soldiers from Dubh'n, 
at least twenty-four hours notice of such march, and in case of 
emergency as long notice as the case will admit, shall be given to 
the Lord Mayor of Dublin, who shall summon a proportional number 
of cars and drays, at his discretion out of the licensed cars and drays 
and other cars and drays within the county of the said city, and 
they shall by turns be employed on this duty at the prices and 



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1877. Mutiny. Ch. 7. 43 

under the regulations herein-before mentioned ; and no country cars, 
drays, or other carriages coming to markets in Ireland shall be de- 
tained or employed against the will of the owners in carrying the 
baggage of the army on any pretence whatsoever. 

70. It shall be lawful for Her Majesty, or for the Lord Lieutenant As to supply 
or Chief Governor of Ireland, by her or their order, distinctly stating ^^ carriages in 
that a case of emergency doth exist, signified by the Secretary of ^^^stc^^^' 
State for the War Department, or, if in Ireland, by the Chief 
Secretary or Under Secretary, or tiie first clerk in tbe Military 
Department, to authorise any general or field officer commanding 

Her Majesty's forces in any district or place, or the chief acting 
agent for the supply of stores and provisions, by writing under hS 
hand reciting such order of Her Majesty or Lord Lieutenant or 
Chief Governor aforesaid, to require all justices within their several 
jurisdictions in Great Britain and Ireland to issue their warrants 
for the provision, not only of waggons, wains, carts, and cars kept 
by or belonging to any person and for any use whatsoever, but also 
of saddle horses, coaches, postchaises, chaises, and other four-wheeled 
carriages kept for hire, and ^of all horses kept to draw carriages 
licensed to carry passengers, and also of boats, barges,'and other 
vessels used for the transport of any commodities Tvhatsoever upon 
any canal or navigable river, as shall be mentioned in the said 
iKrarrants, therein specifying the place and distance to which such 
carriages or vessels shall go ; and on the production of such requi- 
sition, or a copy thereof certified by the commanding officer, to such 
justice, by any officer of the corps ordered to be conveyed, or by any 
officer of the War Department, such justice shall take all the same 
proceedings in regard to such additional supply so required on such 
emergency as he is by this Act required to take for the ordinary 
provision of carriages ; and all provisions whatsoever of this Act as 
regards the procuring of the ordinary supply of carriages, and the 
duties of officers and non-commissioned officers, justices, constables, 
and owners of carriages in that behalf, shall be to all intents and 
purposes applicable for the providing and payment, according to the 
rates of posting or of hire usually paid for such other description 
of carriages or vessels so required on emergency, according to the 
length of the journey or voyage in each case, but making no allow- 
ance for post horse duty, or turnpike, canal, river, or lock tolls, 
which duty or tolls are hereby declared not to be demandable for 
such carriages and vessels while employed in such service or return- 
ing therefrom ; and it shall be lawful to convey thereon, not only 
the baggage, provisions, and military stores of such regiment^ corps, 
or detachment, but also the officers, soldiers, servants, women, 
children, and other persons of and belonging to the same. 

71. It shall be lawful for the justices of the peace assembled at «^a»tic^em- 
their quarter sessions to direct the treasurer to pay, without fe6, reimburse^ 
out of the public stock of the county or riding, or if such public constables for 
stock be insufficient then out of moneys which the said justices shall ""^ eiq^ended 
have power to raise for that purpose, in like manner as for county ^ ®™* 
gaols and bridges, such reasonable sums as shall have been expended 

by the constables within their respective jurisdictions for carriages 
and vessels, over and above what was or ought to have been paid 
by the officer requiring the same, regard being had to the season of 



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44 



Ch. 7. 



Mutiny. 



40 Vict. 



KouteB in Iro- 
land. 



Tolls. 



Ferries. 



■ Marchioff 
money on 
discharge. 



Ordinary 
coarse of cri- 
minal justice 



the year and the condition of the ways by which such carnages and 
vessels are to pass ; and in Scotland such justices shall direct such 
payments to be made out of the rogue money and assessments 
directed and authorised to be assessed and levied by an Act of the 
twentieth and twenty-first years of the reign of Her present 
Majesty, chapter seventy-two. 

72. It shall be lawful for the Lord Lieutenant or other chief 
governor for the time being of Ireland to depute, by warrant under 
his hand and seal> some proper person to sign routes in cases of 
emergency, for the marching of any of Her Majesty's forces in 
Ireland, in the name of such Lord Lieutenant or chief governor. 

73. All Her Majesty's officers and soldiers, on duty or on their 
march, and their horses and baggage, and all recruits marching by 
route, and all prisoners under military escort, and all enrolled 
pensioners in uniforni when called out for training or in aid of the 
civil power, and all carriages and horses belonging to Her Majesty 
or employed in her service under the provisions of this Act, or in 
any of Her Majesty's colonies, when conveying any such persons as 
aforesaid, or their baggage, or stores, or returning from conveying 
the same, shall be exempted from payment of any duties and 
tolls on embarking or disembarking from or upon any pier, wharl^ 
quay, or landing place, or in passing along or over any turnpike or 
other roads or bridges, otherwise demandable by virtue of any Act 
already passed or hereafter to be passed, or by virtue of any Act or 
ordinance, order, or direction of any colonial legislature or other 
authority in any of Her Majesty's colonies ; provided that nothing 
herein contained shall exempt any boats, barges, or other vessels 
employed in conveying the said persons, horses, baggage, or stores 
along any canal from payment of tolls in like manner as other 
boats, barges, and vessels are liable thereto, except when employed 
in cases of emergency. as herein-before enacted. 

74. When any soldiers on service have occasion in their march 
by route to pass regular ferries in Scotland, the officer commanding 
may at his option pass over with his soldiers as passengers, and shall 
pay for himself and each soldier one half only of the ordinary mte 
payable by single persons, or may hire the ferry boat for himself and 
his party, debc^ng others for that time, and ishall in all such cases 
pay only half the ordinary rate for such boat. 

75. Every soldier enlisted in Great Britain or Ireland shall, 
when entitled to his discharge, if then serving abroad, be sent 
home, if he shall so require, free of expense, and shall be entitled to 
receive marching money f5rom the place of his being landed (or if 
discharged at home shall receive marching money from the place 
of his discharge,) to the parish or place in which he shall have 
been originally enlisted, or at which he shall at the time of his 
discharge decide to take up his residence (if the cost of conveyance 
to such place shall not exceed the cost of conveyance to the place 
of his original enlistment) : Provided that nothing in this section 
shall apply to soldiers appointed sergeant instructors, or attached for 
completion of service, to the reserve forces. 

76. Nothing in this Act contained shall be construed to extend 
to exempt any officer or soldier from being proceeded against by the 
ordinaiy course of law, when accused of felony, or of misdemeanor. 



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1877. Mutiny. Ch. 7. 4.5 

or of any crime or offence other than the misdemeanors and offences not to be inter- 
berein-before mentioned ; and if any commanding officer shall ^® . ^ 
neglect or refuse, on application being made to him for that purpose, ^|J^^t"* ^^ 
to deliver over to the civil magistrate any officer or soldier under stractlng civil 
his command, or shall wilfully obstruct, neglect, or refuse to assist JQstice. 
the officers of justice in apprehending any officer or soldier under his 
command, so accused as aforesaid, such commanding officer shall, 
upon conviction thereof in any of Her Majesty's superior courts at 
Westminster, Dublin, or Edinburgh, or in any court of record in 
India, be deemed to be thereupon cashiered, and shall be thenceforth 
utterly disabled to have or hold any civil or military office or em- 
ployment in the United Kingdom of Great Britain and Ireland or 
in Her Majesty's service ; and a certificate of such conviction, con- 
taining the substance and effect of the indictment only, omitting 
the formal part, with the copy of the entry of the judgment of the 
court thereon, shall be transmitted to the judge advocate general in 
London. 

77. For enforcing a prompt observance of the rules and orders for Penalty for 
the due appropriation of the public funds applicable to army services, disobedience 
and in order that a true and regular account may be kept and ^ ^^^ 
rendered by the agents for the several corps, the said agents are 
hereby required to observe such orders as shall from time to time 

be given by Her Majesty under Her Sign Manual^ or by the Secre- 
tary of State for the War Department, or by Her Majesty's Lord 
Lieutenant or Chief Governor of Ireland, or by the Lord Treasurer 
or the Commissioners of Her Majesty's Treasury ; and if any person, 
being or having been an agent, shall refuse or neglect to comply 
with such orders in relation to his duty as agent, or shall unlawfully 
withhold or detain the pay of any officer or soldier for a longer 
period than the space of one month after the receipt thereof, he 
shall for the first offence forfeit the sum of one hundred pounds, 
and, if still an agent, for the second offence be discharged from his 
employment as an army agent, and be utterly disabled to have or 
hold such employment thereafter, or, if he have ceased to be an 
army agent, shall for the second and every succeeding offence forfeit 
the sum of two hundred pounds. 

78. Any person (except the Army Purchase Commissioners and Penalty on 
persons acting imder their authority by virtue of the provisions of trafficking in 
the Regulation of the Forces Act, 1871) who shall negotiate, act as 

agent for, or otherwise aid or connive at the sale or purchase of 
any commission in Her Majesty's army shall forfeit for every such 
offence the sum of one hundred pounds ; and any person who shall 
negotiate, act as agent for, or otherwise aid or connive at any 
ei^change in respect of which any sum of money or other con- 
sideration exceeding the sum or consideration sanctioned by the 
military authorities shall be given or received shall forfeit for every 
such offence the sum of one hundred pounds. 

79. Every person, not having any military commission, who shall Penalty for 
give or procure to be given any untrue certificate, whereby to procuring feise 
excuse any soldier for his absence from any muster or any other 

service which he ought to attend or perform, or who shall directly 
or indirectly cause to be taken any money or gratuity for mustering 
any soldi^vs, or for signing any muster rolls or duplicates thereof^ 



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46 Ch. 7. Mutiny. 40 Vict 

shall forfeit for every such offence the sum of fifty pounds ; and 
any person who shall falsely be mustered, or offer himself to be 
mustered, or lend or furnish any horse to be falsely mustered, shall, 
upon conviction before some justice of the peace residing near the 
place where such muster shall be made, forfeit for every such offence 
' the sum of twenty pounds ; and the informer, if he belongs to Her 
Majesty's service, shall, if he demand it, be forthwith discharged. 
Penalty on 80. Every person (except such person or persons as shall be 

unlawful re- authorised by beating order under the hand of the Secretary of 
^'^^'*^' State for the War Department) who shall cause to be advertised, 

posted, or dispersed bills for the purpose of procuring recruits or 
substitutes for the line, embodied militia, or Her Majesty's Indian 
forces, or shall open or keep any house, place of rendezvous, or 
office, or receive any person therein imder such bill or advertisement, 
as connected with the recruiting service, or shall directly or in- 
directly interfere therewith, without permission in writing from the 
adjutant general, or from the Secretary of State in Council of India, 
(as the case may be,) shall forfeit for every such offence a sum not 
exceeding twenty pounds. 
Penalty for in- 81. Aiy person who shall in any part of Her Majesty's do- 
ducing soldiers minions. Or by any means whatsoever, directly or indirectly , procure 
to desert. ^^^ soldier to desert, or attempt to procure or persuade any soldier 

to desert, and any person who, knowing that any soldier is about 
to desert, shall aid or assist him in deserting, or, knowing any 
soldier to be a deserter, shall conceal such deserter, or aid or assist 
such deserter in concealing himself, or aid or assist in his rescue, 
shall be deemed guilty of a misdemeanor, and shall, on conviction 
thereof before any two justices acting for the coxmty, district, city, 
burgh, or place where any such offender shall at any time happen 
to be, be liable to be committed to the common gaol or house of 
correction, there to be imprisoned, with or without hard labour, 
for such term not exceeding six calendar months as the convicting 
justices shall think fit. 
Penalty for 82. Any officer or soldier who shall, in pursuit of any deserter, 

forcible ent^ forcibly enter into or break open any dwelling-house or outhouse, 
deJertCTs^with- ^^ ^^^ S^^^ ^^7 ^^der under which any dwelling-house or out- 
out warrant, house shall be forcibly entered into or broken open, without a 
warrant from one or more justices of the peace, shall, on conviction 
thereof before two justices of the peace, forfeit a sum not exceeding 
twenty pounds. 
Penalties on 83. If any pcrson shall convey or cause to be conveyed into any 

aiding escape military prison appointed to be a public prison under this Act any 
esca *^™? ri- ^°^^* tools. Or instruments, or any mask or other disguise, in order 
soners, and on to facilitate the escape of any prisoner, or shall by any means what" 
breach of pri- ever aid and assist any prisoner to escape or in attempting to escape 
son regulations, g^^^ ^^^y^ prison, whether an escape be actually made or not, such 
person shall be deemed guilty of felony, and upon being convicted 
thereof shall be kept to penal servitude for any term not less than 
five years and not exceeding seven years, or be imprisoned, with or 
without hard labour, for any term not exceeding two years ; and if 
any person shall bring or attempt to bring into such prison, in oon* 
travention of the existing rules thereof, any spirituous or fermented 
liquor, he shall for every such offence be liable to a penalty not 



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1877. Mutiny. Ch. 7. 47 

exceeding twenty pounds and not less than ten pounds, or to be 
imprisoned, with or without hard labour, for any time not exceeding 
three calendar months; and if any person shall bring into such 
prison, to or for any prisoner, without the knowledge of the governor, 
any money, clothing, provisions, tobacco, letters, papers, or any other 
articles not allowed by the rules of the prison to be in the possession 
of a prisoner, or shall throw into the said prison any such articles, 
or shall by desire of any prisoner, without the sanction of the 
governor, carry out of the prison any of the articles aforesaid, he 
shall for every such offence be liable to a penalty not exceeding five 
pounds, or to be imprisoned, either with or without hard labour, for 
any time not exceeding one calendar month ; and if any person 
shall assault or violently resist any officer of such prison in the 
execution of his duty, or shall aid or excite any person so to assault 
or resist any such officer, he shall for every such offence be liable 
to a penalty not exceeding five pounds, or to be imprisoned, with 
or without hard labour, for any time not exceeding one calendar 
month, or, if the offender be a soldier already under sentence of 
inaprisonment, he shall be liable for every such offence, upon con- 
viction thereof by a board of not less than three of the visitors of 
the prison, to be imprisoned, either with or without hard labour, 
for any time not exceeding six calendar months, in addition to his 
original sentence, or to be subjected to corporal punishment not 
exceeding fifty lashes, or upon conviction thereof by a single visitor 
to be imprisoned, with or without hard labour, for any time not 
exceeding seventy-two hours, in addition to his original sentence, or 
to be subjected to corporal punishment not exceeding twenty-five 
lashes; or if such soldier shall, within forty-eight hours of the 
expiration of. his original or of any additional sentence, be guilty 
of any offence against the rules of the prison, he may for every such 
offence, on conviction thereof by a board or by a single visitor, be 
ordered to be kept in prison for a period not exceeding seventy-two 
hours either in a dark cell or in a light cell, and with or without 
hard labour, on a bread and water diet, or otherwise ; and all the Certain pro- 
provisions of any Act or Acts of Parliament for the regulation or fof ran^&SJ^ 
better ordering of gaols, houses of correction, or prisons in Great gaols to apply 
Britain shall be deemed to apply to all military prisons so far as to military 
any such provision relates to such offences ; and it shall be lawful T^^^^' 
for the governor, provost marshal, officer, or servant of any military 
prison to use and exercise aU the powers and authorities given 
by any such Act to the gaoler, keeper, or turnkey of any prison, or 
to his or their assistants, to apprehend or to cause offenders to be 
apprehended, in order to their being taken before a justice or jus- 
tices of the peace ; and all the powers and authorities given by any 
such Act to any justice or justices of the peace to convict offenders 
in any of the above cases, together with the forms of convictions 
contained in any such Act, shall be applicable to the like offences 
when committed in respect of military prisons ; and all the pro- 
visions contained in any such Act relating to siuts and actions 
prosecuted against any person for anything done in pursuance of 
sQoh Act shall be deemed to apply to all suits and actions prosecuted 
against any person acting in pmrsuance of such Act in respect of 
military prisons. 



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48 

Penalty on 
keepers of 
prisons for 
refusing to 
confine, &c. 
military of- 
fenders. 

Penalty on 
purchasing 
soldiers neces- 
saries, stores, 
&c. 



Ch. 7. 



Mwtiny. 



40 Vict. 



84. Any governor, provost marshal, gaoler, or keeper of anjr 
public prison, gaol, house of correction, lock-up house, or other place 
of confinement, who shall refuse to receive and to confine, or to dis- 
charge or deliver over any military offender in the manner herein- 
before prescribed, shall forfeit for every such offence the sum of one 
hundred pounds. 

85. Any person who shall knowingly detain, buy, exchange, or 
receive from an}'- soldier or deserter or any other person acting for 
or on his behalf, on any pretence whatsoever, or who shall solicit 
or entice any soldier, or shall be employed by any soldier, knowing 
him to be such, to sell any arms, ammunition, medals for good 
conduct or for distinguishment or other service, clothes, or military 
furniture, or any provisions, or any sheets or other articles used in 
barracks, provided under ban^ack regulations, or regimental neces- 
saries, or any article of forage provided for any horses belonging to 
Her Majesty's service, or who shall have in his or her possession or 
keeping any such arms, ammunition, medals, clothes, furniture, pro- 
visions, spirits, articles, necessaries, or forage, and shall not give a 
satisfactory account how he or she came by the same, or shall 
change the colour of any clothes as aforesaid, shall forfeit for every 
such offence any sum not exceeding twenty pounds, together with 
treble the value of all or any of the several articles of which such 
offender shall so become or be possessed ; and if any person having 
been so convicted shall afterwards be guilty of any such offence, he 
shall for every such offence forfeit any sum not exceeding twenty 
pounds but not less than five pounds, and the treble value of all or 
any of the several articles of which such offender shall have so 
become possessed, and shall in addition to such forfeiture be com- 
mitted to the common gaol or house of correction, there to be im- 
prisoned, with or without hard labour, for such term, not exceeding 
six calendar months, as the convicting justice or justices shall think 
fit ; and upon any information against any person for a second or 
any subsequent offence, a copy of the former conviction, certified by 
the proper ofiicer having the care or custody of such conviction or 
any copy of the same, proved to be a true copy, shall be sufficient 
e\'idence to prove such former conviction ; and if any credible person 
shall prove on oath before a justice of the peace, or person exercising 
like authority according to the laws of the part of Her Majesty's 
dominions in which the offence shall be committed, a reasonable 
cause to suspect that any person has in his or her possession, or on 
his or her premises, any property of the description herein-before 
described, on or with respect to which any such offence shall have 
been committed, such justice may grant a warrant to search for 
such property as in the case of stolen goods ; and if upon such 
search any such property shall be found, the same shall and may be 
seized by the officer charged with the execution of such warrant, who 
shall bring the offender in whose possession the same shall be found 
before the same or any other justice of the peace, to be dealt with 
according to law : Provided always, that it shall be lawful for the 
legislature of any of Her Majesty's dominions beyond the seas, on the 
recommendation of the officer or officers for the time being adminis- 
tering the government thereof, but not otherwise, to make provision 
by law for reducing such pecuniary penalty, if not exceeding twenty 



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1877. Mutiny. , Ch. 7. 49 

pounds, to such amount as may to such legislature appear to be 
better adapted to the ability and pecuniary means of Her Majesty's 
subjects and others inhabiting the same, which reduced penalty 
shall be sued for and recovered in such and the same manner as the 
fall penalty hereby imposed : Provided also, that it shall be com- 
petent to Her Majesty, or to the person or persons administering 
the govemiuent of any such foreign dominions as aforesaid, to 
exercise, in i-espect of tije laws so to be passed as aforesaid, all such 
powers and authorities as are by law vested in Her Majesty or ia 
any such officer or officers as aforesaid in respect of any other law 
made or enacted by any such legislature. 

86. If any constable or other person who by virtue of this Act Penalties on 
shall be employed in billeting any officers or soldiers in any part ^^1?^^®^** 
of the United Kingdom shidl presume to billet any such officer agi^Tdie 
or soldier in any house not withm the meaning of this Act, without laws relating 
the consent of the owner or occupier thereof; or shall neglect or to^»Uet«. 
refuse to billet any officer or soldier on duty, when thereunto 
required, in such manner as is by this Act directed, provided 
sufficient notice be given before the arrival of such troops ; or shall 
receive, demand, or agree for any money or reward whatsoever, in 
order to excuse any person from receiving such officer or soldier ; 
or shall quarter any of the wives, children, men or maid servants 
of any officers or soldiers, in any such houses, against the consent 
of the occupiers; or shall neglect or refuse to execute such warrants 
of the justices as shall be directed to him for providing carriages, 
horses or vessels, or shall demand more than the legal rates for the 
same ; or if any person ordered by any constable in manner herein- 
before directed to provide carriages, horses, or vessels shall, refuse 
or neglect to provide the same according to the orders of such 
constable, or shall do any act or thing by which the execution of 
any warrants for providing carriages, horses, or vessels shall be 
hindered ; or if any coustable shall neglect to deliver in to the 
justices at quarter sessions lists of officers and soldiers of the foot 
guards quartered according to the provisions of this Act, or shall 
wilftdly cause to be delivered defective lists of the same ; or if any 
person liable by this Act to have any officer or soldier quartered 
upon him shall refuse to receive and to afford proper accommodation 
or diet in the house in which such officer or soldier is quartered, 
and to furnish the several things directed to be furnished to officers 
and soldiers, or shall neglect or refuse to furnish good and sufficient 
stables, together with good and sufficient oats, hay, and straw, in 
Great Britain and Ireland for each horse, in such quantities and 
at such rates as herein-before provided ; or if any innkeeper or 
victualler not having good and sufficient stables shall refuse to pay 
over to the person or persons who may provide stabling such allow- 
ance by way of compensation as shall be directed by any justice of 
the peace, or shall pay any sum or sums of money to any soldier on 
the march in lieu of furnishing in kind the diet and small beer 
to which such soldier is entitled ; or if any toll collector shall demand On toll col- 
and receive toll from any of Her Majesty's officers or soldiers on ^®*^*®i? ^^Ij. 
duty or on their march, for themselves or for their horses, or fj^ officers, 
from any recruits marching by route, or from any prisoners under soldiers, or for 
military escort, or from any enrolled pensioners in uniform when <»"^*«««»5 
[thb law beports.] D 



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50 



Oh. 7. 



Mutiny. 



40 Vict. 



and on persons 
personating 
soldiers, &c. 



Penalties on 
the military 
oftiending 
against &e 
laws relating 
to billets. 



Penalty on 
killing game 
without leave. 



called out for training or in aid of the civil power, or for any 
carriages or horses belonging to Her Majesty, or employed in her 
service under the provisions of this Act, or in any of Her Majesty's 
colonies, when conveying persons, or baggage, or stores, or returning 
therefrom, every such constable, victualler, toU-keeper, or other 
person respectively shall forfeit for every such offence, neglect, or 
refasal any sum not exceeding five pounds nor less than forty 
shillings ; and if any person shall personate or represent himself to be 
a soldier or a recruit, with the view of fraudulently obtaining a billet 
or money in lieu thereof, he shall for every such offence forfeit any 
sum not exceeding five pounds nor less than twenty shillings. 

87. If any miUtary officer shall take upon himself to quarter 
soldiers otherwise than is Kmited and allowed by this Act, or shall 
use or offer any menace or compulsion to or upon any mayor, 
constable, or other civil officer, tending to deter and discourage 
any of them from performing any part of their duty under this 
Act, or tending to induce any of them to do anything contrary to 
their said duty, such officer shall for every such offence (being 
thereof convicted before any two or more justices of the county 
by the oath of two credible witnesses) be deemed and taken to be 
thereupon cashiered, and shall be utterly disabled to hold any 
military employment in Her Majesty's service ; provided that a 
certificate of such conviction shall be transmitted by one of the 
said justices to the Judge Advocate in London, who is hereby 
required to certify the same to the Commander-in-Chief and 
Secretary of State for the War Department, and that the said 
conviction be affirmed at some quarter sessions of the peace of the 
said county held next after the expiration of three months after such 
certificate of the justice shall have been transmitted as aforesaid ; 
and if any military officer shall take, or knowingly suffer to be 
taken, from any person, any money or reward for excusing the 
quartering of officers or soldiers, or shall billet any of the wives, 
children, men or maid servants of any officer or soldier, in any 
house, against the consent of the occupier, he shall, upon being 
convicted thereof before a general court-martial, be cashiered*; and 
if any officer shall constrain any carriage to travel beyond the 
distance specified in the justice's warrant, or shall not disdiarge the 
same in due time for their return home on the same day, if it be 
practicable, except in the case of emergency for which the justice 
shall have given license, or shall compel the driver of any carriage 
to take up any soldier or servant (except such as are sick) or any 
woman to ride therein, except in the cases of emergency as aforesaid, 
or shall force any constable, b}*- threatening words, to provide saddle 
horses for himself or servants, or shall force horses from their 
owners, or in Ireland shall force the owner to take any loading 
until the same shall be first duly weighed, if the same can be done 
within reasonable time, or shall, contrary to the will of the owner 
or his servant, permit any person whatsoever to put any greater 
load upon any carriage than is directed by this Act, such officer 
shall forfeit for every offence any sum not exceeding five pounds 
nor less than forty shillings. 

88. For the better preservation of game and fish in or near 
places where any officers shall at any time be quartered, be it 



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1877. Mutiny. Ch. 7: 51 

enacted, that every officer who shall, without leave in writing from 
the person or persons entitled to grant such leave, take, kill, or 
destroy any game or fish in the United Kingdom of Great Britain 
and Ireland, shall for every such offence forfeit the sum of five 
pounds. 

89. Any action which shall be brought against any person for FormofactioDs 
anything to be done in pursuance of this Act sludl be brought within ** ^^• 

six calendar months after the doing thereof, and it shall be lawful 
for every such person to plead thereunto the general issue Not 
Guilty, and to give all special matter in evidence to the jury ; and 
if the verdict shall be for the defendant in any such action, or the 
plaintiff therein become nonsuited, or suffer any discontinuance 
thereof, or if in Scotland such court shall see fit to assoilzie the 
defendant or dismiss the complaint, the court in which the said 
matter shall be tried shall allow unto the defendant treble costs, for 
which the said defendaht shall have the like remedy as in other 
cases where costs are by law given to defendants ; and every action 
against any person for anything done in pursuance of this Act, or 
against any member or minister of a court-martial in respect of anv 
sentence of such court, or of anything done by virtue or in pur- 
suance of such sentence, shall be brought in some one of the courts 
of record at Westminster, or in Dublin, or in India, or in the Court 
of Session in Scotland, and in no other court whatsoever. 

90. All offences for which any penalties and forfeitm*es are by Recovery of 
this Act imposed not exceeding twenty pounds, over and above any penalties. 
forfeiture of value or treble value, shaU and may be determined, and 

such penalties and forfeitures and forfeiture of value or treble value 
recovered, in every part of the United Kingdom, except Scotland, 
by and before one or more justice or justices of the peace, under the 
provisions of an Act passed in the eleventh and twelfth years of the 
reign of Her Majesty Queen Victoria, intituled " An Act to facili- ii & 12 Vict. 
'* tate the performance of the duties of Justices of the Peace out of c. 48. 
" Sessions, within England and Wales, with respect to summary 
" convictions and orders," and in Scotland by and before one or 
more justices of the peace under the provisions of the Summary 
Procedure Act, 1864 : Provided always, that in all cases in whidL 
there shall not be sufficient goods whereon any penalty or forfeiture 
can be levied, the offender may be committed and imprisoned for 
any time not exceeding six calendar months ; which last recited Act 
but one shall be used and applied, in Ireland, for the recovery of all 
such penalties and forfeitures, as fully to all intents as if the said 
recited Act had extended to Ireland, anything in the said recited • 
Act, or in an Act passed in the fourteenth and fifteenth years of 
the reign of Her Majesty Queen Victoria, intituled " An Act to 14 & 15 Vict. 
" consolidate and amend the Acts regulating the proceedings at *• ^^* 
** Petty Sessions, and the duties of Justices of the Peace out of 
'* Quarter Sessions, in Ireland,^' to th'e^ contrary notwithstanding ; 
and all such offences committed in the British Isles or in any of Her 
Majesty's dominions beyond the seas may be determined, and the 
penalties and forfeitures and forfeiture of value or treble value 
recovered, before any justices of the peace or persons exercising 
like authority according to the laws of the part of Her Majest/s 
dominions in which the offence shall be committed ] and all penalties 

D 2 



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52 



Ch. 7. 



Mutiny. 



40 Vict. 



Appropriation 
of penalties. 



5&6 W. 
c. 76. 



4. 



Mode of re- 
cording a 
soldier's settle- 
ment 



and forfeitures by this Act imposed exceeding twenty pounds shall 
be recovered by action in some of ihe courts of record at Westmin- 
ster or in Dublin, or in India, or in the Court of Session in Scotland, 
and in no other court in the United Kingdom, and may be recovered 
in the British Isles, or in any other parts of Her Majesty's dominions, 
in any of the royal or superior courts of such isles or other parts 
of Her Majesty's dominions. In any proceeding under this Act 
whereby any person incurs a penalty or forfeiture, such person may 
also be adjudged to pay the costs of such proceeding by the justice 
or justices, or the court imposing such penalty or forfeiture. 

9L One moiety of every penalty, not including any treble value 
of any articles, adjudged or recovered under the provisions of this 
Act, shall go to the person who shall inform or sue for the same, 
and the remainder of the penalty, together with the treble value of 
any articles, or, where the offence shall be proved by the person 
who shall inform, the whole of the penalty, shall be paid, in the 
United Kingdom, to the paymaster of the London recruiting dis- 
trict, St. George's Barracks, London, and in India, to the military 
secretary of the government of the presidency to which the court 
by whom the penalty shall be adjudicated shall be subject, and 
elsewhere in Her Majesty*s dominions to the local military ac- 
countant, to be at the disposal of the Secretary of State for the 
War Department, (unless where the penalty is adjudged in India, 
when it shall be at the disposal of the Government of India,) 
anything in an Act passed in the fifth and sixth years of the reign 
of His late Majesty King William the Fourth, intituled ^ An Act to 
** provide for Uie regulation of Municipal Corporations in England 
" and Wales," or in any other Act or Acts, to the contrary not- 
withstanding. Every justice or court adjudging any penalty under 
this Act shall report the same immediately, if in the United King- 
dom, to the said Secretary of State, if in India to the said military 
secretary, and if elsewhere in Her Majesty's dominions to the general 
or other officer commanding at the station. 

92. The Secretary of State for the War Department may, if he 
think proper, cause any soldier on his discharge, and his wife or 
child, if occasion require, either with or without him, to be sent to 
the parish in which on his attestation as a recruit he stated that 
he was born, and if delivered at the workhouse of that parish, or 
of the union comprising such parish, he shall then be received 
therein by the master or other proper officer thereof; but any jus- 
tice in the United Kingdom within whose jurisdiction any soldier 
in Her Majesty's army, or on the permanent staff of the militia, 
having a wife or child, shall be billeted, may summon such soldier 
before him in the place where he is billeted, (which summons he is 
hereby directed to obey,) and take his examination in writing, upon 
oath, touching the place of lus last legal settlement, and such justice 
shall give an attested copy of such exandnation to the person exa- 
mined, to be by him delivered to his commanding officer, to be 
produced when required ; which said examination and such attested 
copy thereof shall be at any time admitted as good and legal 
evidence of such last legal settlement before any justices or at any 
general or quarter sessions, although such soldier be dead or absent 
ii'om the kingdom ; provided that in case any soldier shall be again 



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1877. Mutiny. Ch. 7. 53 

summoned to make oath as aforesaid, then, on such examination 
or such attested copy thereof being produced by him or by any 
other person on his behalf, such soldier shall not be obliged to take ^ 
any other oath with regard to his legal settlement, but shall leave 
a copy of such examination, or a copy of such attested copy of 
examination, if required. 

93. When any person shall hold any canteen under proper laoeiues of 
authority of the War Department, it shall be lawful for any two c*ot«enB. 
justicen within their respective jurisdictions to grant or transfer any 

beer, wine, or spirit license to such persons, without regard to time 
of year or to the notices or certificates required by any Act in 
respect of such licenses ; and the Commissioners of Excise, or their 
proper officers within their respective districts, shall also grant 
such licenses as aforesaid ; and such persons so holding canteens, 
and having such licenses, may sell therein victuals and exciseable 
liquors, as empowered by such excise license, without being subject 
to any penalty or forfeiture. 

94. AH muster rolls and accounts and pay and pension lists Attestation of 
which lire required to be verified by declaration shall be so verified wcountfl. 
and attested free of stamp duty, and without fee or reward paid for 

such declaration or attestation. 

96. AH commissaries, regimental paymasters, and all other ac- Commissaries, 
countants for military services, upon making up their accounts, and &c. to attest 
all commissaries upon returning from any foreign service, shall ^^^" accounts, 
severally make such respective declarations as shall be prescribed 
and set forth in the War Office Regulations for the time being in 
force, which are issued under the authority of the Secretary of State 
for the War Department ; which declarations, if made in any part 
of the United Kingdom, shall be made before some justice, or other 
person authorised to administer oaths and declarations, and if made 
on foreign service shall be made before the officer commanding in 
chief, or the second in command, or the quartermaster or deputy 
quartermaster general or any> assistant quartermaster general of the 
army, who shall respectively have power to adminisi^r and receive 
the same. 

96. All oaths and declarations which are authorised and required Administration 
by this Act may be administered (unless where otherwise provided) ®^ ^**^*- 
by any justice of the peace, or other person having authoi-ity to 
administer oaths and declarations ; and any person taking a false Perjar\ 
oath or declaration where an oath or declaration is authorised or 
required by this Act shall be deemed guilty of wilful and corrupt 
perjury, or of wilfully making a false declaration, and being thereof 
duly convicted shall be liable to such pains and penalties as by 
law any peraon convicted of wilful and corrupt perjury is subject 
and liable to ; and every commissioned officer convicted before a 
general court-martial of perjury, or of wilfully making a false de- 
daration, shall be cashiered, and every soldier or other person 
amenable to the provisions of this Act found guilty thereof by a 
general, district, or garrison court-martial shall be punished at the 
discretion of such court In India, in all cases where any oath is 
hereby required to be taken, or any person is hereby required to be 
Bwom, a solemn declaration or affirmation may be substituted, if 
by the laws for the time being in force in India such declaration or 



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54 



Cil7. 



Mutiny, 



40 Vict. 



Oflfences 
against former 
Matiny Acts 
and Articles 
of War. 



Officers and 
soldiers to 
conform to 
26 & 27 Vict, 
c. 57., &c. 



Where troops 
are serving 
beyond the 
jurisdiction of 
the courts of 
requests, &c. 
actions of 
debt not 
exceeding 400 
rupees to be 



affirmation would be allowed to be substituted in the place of an 
oath, in case the party were about to depose as a witness in a civil 
action in any of the supreme courts at the presidencies ; and any 
person wilfully and knowingly giving false testimony on oath or 
solemn declaration or affirmation in any case wherein such oath or 
solemn declaration or affirmation shall have been made for the 
purpose of this Act, or any proceedings under this Act^ shall be 
deemed guilty of wilful and corrupt perjury, and, being duly con- 
victed thereof before a court-martial or otherwise, shall be liable 
to such pains and penalties as by any law in force in England, or 
by any law in force in India, any persons convicts of wilful and 
corrupt perjury are subject and liable to. 

Provided always, that nothing in this Act contained shall be 
construed to render an oath necessary in any case where by law 
a solemn affirmation may be made instead thereof. 

97. All crimes and offences which have been committed against 
any former Act for pimishing mutiny and desertion, and for the 
better payment of the army and their quarters, or against any 
Act for punishing mutiny and desertion of officers and soldiers in 
the service of the East India Company, or against any of the 
Articles of War made and established by virtue of either of the 
same, may, during the continuance of this Act, be tried and punished 
in like manner as if they had been conmcdtted against this Act ; 
and every warrant for holding any court-martial under any such 
former Act shall remain in full force, and all proceedings of courts- 
martial convened and held under any such warrant shall be 
continued, notwithstanding the expiration of such Act : Provided 
always, that no person shall be liable to be tried or punished for 
any offence against any of the said Acts or Articles of War which 
shall appear to have been committed more than three years before 
the date of the warrant for such trial, unless the person accused, 
by reason of his having absented himself, or of some other manifest 
impediment, shall not have been amenable to justice within that 
period, in which case such person shall be liable to be tried at 
any time not exceeding two years after the impediment shall have 
ceased. 

98. It shall be the duty of all officers and soldiers to observe 
and conform to the provisions contained in '* The Regimental Debts 
Act, 1863," and in the regulations for the better execution of the 
purposes of the said Act prescribed firom time to time by warrant 
imder the Royal Sign Manual : Provided that nothing contained in 
the said Act or Regulations shall be deemed to subject a deserter to 
forfeiture in respect of any articles of his clothing or necessaries 
which upon his rejoining the service may remain unsold and be 
available for his militaiy purposes. 

99. In all places in India where any body of Her Majesty's 
forces may be serving situate beyond the jurisdiction of any court 
of small causes established by or under the authority of the 
Governor General of India in Council, actions of debt and all 
personal actions against officers or against persons licensed to act 
as sutlers, or other persons amenable to the provisions of this 
Act not being soldiers, shall be cognizable before a court of 
requests composed of military officers, and not elsewhere, provided 



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1877. Mutiny. Ch. 7. 56 

the value in question shall not exceed four hundred rupees, and cognizable by a 

that the defendant was a person of the above description when the °^»**n^ court. 

cause of action arose^ which court the commanding officer of any 

camp, garrison, cantonment, or military post is hereby authorised 

and empowered to convene. Whenever owing to paucity of officers, 

or to any other cause, a court of requests cannot conveniently be 

held at the station where the defendant or defendants may be, it 

shall be lawful for the officer commanding the division or district 

to authorise the assembly of a court by the officer commanding at 

the nearest place where such court can be formed. Courts of 

requests shall in all practicable cases consist of five commissioned 

officers, and in no instance of less than three, and the president 

thereof shall in all practicable cases be a field officer, and in no 

case be under the rank of a captain^ and every member shall have 

served five years as a commissioned officer ; and the president and 

members assisting at any such -^court, before any proceedings be 

had before it^ shall take the following oath, which oath shall be 

administered by the president of the court to the other members 

thereof, and to the president by any member having first taken 

the oath ; (that is to say,) 

' T swear, that I will duly administer 

' -L justice according to the evidence in the matters that shall be 

* brought before me. So help me GOD/ 

And all witnesses before any such court shall be examined in the 

same manner as in the case of a trial by courts-mortiaL All actions 

of debt and personal actions against persons, not being soldiers, 

amenable to this Act within the jurisdiction of any court of small 

causes shall be cognizable by such court to the extent of its powers ; 

and all such actions where the amount sued for exceeds four hundred 

rupees shall be cognizable by a civil court or court of small causes 

only ; and it shall be competent for any civil court or court of small 

causes, or for any military court of requests held in lieu thereof 

under the authority of this section, upon finding or awarding any 

debt or damage, eitiier to award execution thereof generally^ or to 

direct specially that the whole or any part thereof shall be stopped 

and paid over to the plaintiff out of any part not exceeding one 

half of any pay or allowance, or out of any other public money 

which may respectively be coming to the defendant in the current 

or any fiiture month or months, or to direct the same to be so paid 

by instalments. In regard to awards of execution general civil 

courts and comis of small causes shall proceed in accordance with 

the rules of procedure for such courts in India ; and in all cases 

where execution shall be awarded generally by a military court of 

requests, the debt, if not paid forthwith, shall be levied by seizure 

and pubUc sale of such of the defendant's goods and property as 

may be found within the camp, garrison, cantonment, or military 

post, under a written order of the commanding officer, grounded 

on the judgment of the court, and all orders of such commanding 

officer as to the manner of such sale, or the person by whom the 

same shall be made, or otherwise respecting the same, shall be valid 

and binding ; and any goods and property of the defendant found 

within the limits of the camp, garrison, cantonment, or military post 

to which the defendant shall belong at any subsequent time shall be 



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56 Ch. 7. Mutiny. 40 Vict. 

liable to be seized and sold in like manner in satisfaction of any 
remainder of such debt or damages ; and if any question shall arise 
whether any such effects or property are liable to be taken in 
execution as aforesaid, the decision and order of the said com- 
manding officer shall be final and conclusive with respect to the 
same, and if sufficient goods shall not be found within the limits 
of the camp, garrison, cantonment, or military post, then any public 
money or any part not exceeding one half of the pay or allowances 
accruing to the defendant shall be stopped in liquidation of such 
debt or damages ; and if such defendant shall not receive pay as an 
officer or from any public department, but be a sutler, servant, 
or follower, he may be arrested by like order of the commanding 
officer, and imprisoned in some convenient place within the military 
boundaries for any period not exceeding two months, unless the debt 
be sooner paid ; and the said commanding officer shall not, nor shall 
any person acting on his orders in respect of the matters aforesaid, 
incur any liability to any pei*8on or persons whomsoever for any act 
done by him in pursuance of the pi'ovisions aforesaid ; and in cases 
where the said court shall direct specially that the whole or any part 
of the debt or damages shall be stopped and paid out of part of any 
pay and allowances, or out of any public money, the same shall be 
stopped and paid accordingly in conformity with direction : Provided 
always, that nothing herein-before contained shall enable any such 
action as aforesaid to be brought in a military court of requests by 
any officer or soldier against any officer : Provided also, that the 
articles of military equipment of any defendant shall not be deemed 
" goods and property " under this section. 
Frovisions 100. The government of any of the presidencies in India may 

'*^**tM^tiai ^^^P^^^ ^^® proceedings of any court-martial held in India on any 
on^officers and officer or soldier belonging to Her Majesty's Indian forces within 
soldiers of Her such presidencies respectively ; and if any officer belonging to Her 
M^estfB Majesty's Indian forces shall think himself wronged by the officer 
commanding the regiment, and shall upon due application made to 
him not receive the redress to which he may consider himself 
entitled, he may complain to his commander-in-chief in order to 
obtain justice, who is hereby required to examine into such com- 
plaint, and thereupon, either by himself or by his adjutant general, 
to make his report to the government of the presidency to which 
such officer belongs, in order to receive the further directions of 
such government. 
As to trial IQI. Any officer or soldier, or other person subject to this Act, 

sol^^wr^ff who shall be serving in the territories of any foreign state in India 
in India. or in any country in India under the protection of Her Majesty, or 

at any place in Her Majesty's dominions in India (other than Prince 
of Wales Island, Singapore, or Malacca), at a distance of upwards 
of one hundred and twenty miles from the presidencies of Fort 
William, Fort Saint George, and Bombay respectively, and who 
shall be accused of having committed any oflfence which, if conmiitted 
in England, would be punishable by the criminal law there, may, if 
the same be also punishable under the Indian penal code for the 
time being, be tried by a general court-martial to be appointed by 
the geneiul or other officer commanding in chief in such place for 
the time being, and, if found guilty, shall be liable to be sentenced 



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1877. Mutiny. Ca 7. 67 

by sucb court-martial to suffer such punishment as may legally be 
awarded by any of Her Majesty's courts of criminal jurisdiction 
within Her Majesty's dominions of India in respect of a like offence 
committed witliin the jurisdiction of such last-mentioned court ; 
but no sentence of a general court-martial for any such offence 
shall be carried into execution until the same shall have been duly 
confirmed ; and it shall be lawful for such general or otber officer 
commanding in chief as aforesaid to confirm the sentence of any 
such general court-martial; and such general or other officer as 
aforesaid may, if he shall think fit, suspend, mitigate, or remit the 
sentence ; or, in the case of a sentence of penal servitude, may 
commute the same to imprisonment, with or without hard labour, 
for such period as to him shall seem fit : Provided always, that in 
all cases wherein a sentence of death or penal servitude shall have 
been awarded by any such general court-martial held for the trial 
of a conmiissioned officer, or where a sentence of death shall have 
been awarded by any sudi general court-martial held for the trial 
of any person subject to this Act other than a commissioned officer, 
such sentence shall not be carried into execution until it shall have 
been duly approved by the Governor General in Council, or Governor 
in Council of the presidency in the territories subordinate to which 
the offender shall have been tried : Provided also, that any person 
who may have been so tried as aforesaid shall not be tried for the 
same offence by any other court whatsoever. 

No court-martial shall, in respect of the conduct of its proceedings, 
or the reception or rejection of evidence, be subject to the provisions 
of the " Indian Evidence Act, 1872," or any Act of any legislature, 
other than the Parliament of the United Kingdom. 

102. The words Commander-in-Chief in this Act shall be held Interpretation, 
to include the field marshal or other officer commanding in chief 

Her Majesty's forces for the time being. 

103. The sixth section of the Army Enlistment Act, 1870, shall Amendment of 
be amended as follows ; that is to say, m™t^A^U87o. 

The Secretary of State may, from time to time, by any general * 

or special regulation, permit recruits to be enlisted for particular 
regiments or corps, and in such case they shall be attached to 
such regiment or corps; and the word corps shall in this Act, 
and in the Army Enlistment Act, 1 870, as to future enlistments, 
include a brigade constituted of two or more regiments associated 
by general order or royal warrant for the purposes of enlistment or 
service. 

104« Her Majesty may, by order of one of her Principal Secre- Militia may be 
taries of State, and subject to such conditions as may be determined **^J^!^**® ' 
by him, attach to any corps of the army in the United Kingdom '^^^"^^ ^'■^®"- 
any regiment or regiments of militia, and the officers, non-commis- 
sioned officers, and men (including the permanent staff) of any such 
regiment or regiments so attached shall be deemed for all purposes 
to form part of the corps to which they are attached: Provided 
that no person belonging to the militia shall be required to sei-ve 
for a longer period, or in any other country, than that during and in 
which he might have been required to serve, or shall be Kable to 
any greater punishment than that to which he might have been 
subjected, if this Act had not passed. 



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58 



Ch.7. 



40 Vict. 



Yeomanry or 106. Her Majesty may, by order of one of her Principal Secre- 
be^a^hedto^ taries of State, and subject to such conditions as may be determined 
regaiar forces, by him, attach to any corps of the army in the United Kingdom 
any corps of yeomanry or volunteers, and the officers, non-com- 
missioned officers, and men (including the permanent staff) of any 
corps so attached shall be deemed for all purposes to form part of 
the corps of the army to which they are attached : Provided that 
no person belonging to the yeomanry or volunteers shall be required 
to serve in any other manner than that in which he might have 
been required to serv^ or shall be liable to any greater punishment 
than that to which he might have been subjected, if this Act had not 



Liability of 
soldier to 
maintaininfe 
and children. 



106. Notwithstanding anything in this Act contained, a soldier 
shall be liable to contribute to the maintenance of his wife and of 
his children, and also to the maintenance of any bastard child of 
which he may be proved to be the father, to the same extent as if 
he were not a soldier, but execution shall not issue against his 
military necessaries or equipments, nor shall he be liable to be im- 
prisoned or taken out of Her Majesty's service in consequence of 
such liability or any order made for enforcing the same ; nor shall 
he be liable to be punished as an idle or disorderly person, or as a 
rogue and vagabond, or as an incorrigible rogue, under the Act 
passed in the fifth year of the reign of King George the Fourth, 
chapter eighty-three, intituled *' An Act for the punishment of idle 
" and disorderly persons and rogues and vagabonds in that part of 
" Great Britaincalled England," or under any other Act of Parliament, 
for the offence of neglecting to maintain lus family or any member 
thereof, or of leaving his family or any member thereof chargeable 
to any parish, township, or place, or combination of parishes, or to 
the common fund of any union, nor shall he in Ireland be liable 
to be convicted under the Act passed in the session of Parliament 
held in the tenth and eleventh years of the reign of Her present 
Majesty, intituled " An Act to make provision for the punishment 
^' of vagrants and persons offending against the laws in force for the 
" relief of the destitute poor in Ireland," for the offence of deserting 
or wilfully neglecting to maintain his wife or any child whom he 
may be liable to maintain, so that such wife or child shall become 
destitute and be relieved in or out of the workhouse of any imion 
in Ireland. 

When any order is made under the Acts relating to the relief of 
the poor, or under the Bastardy Acts, on a soldier, or, in Scotland, 
decree is pronounced by a court of law, having jurisdiction, in an 
action of aliment or filiation and aliment against a soldier, for the 
maintenance of his wife or children, or for the maintenance of any 
such bastard child as aforesaid, or any of such persons, or where, 
in Ireland, any civil bill decree has been made for the cost of the 
maintenance of any illegitimate child against any soldier being the 
putative father of such child, under the provisions of the Act passed 
in the session of Parliament held in the twenty-sixth and twenty- 
seventh years of the reign of Her present Majesty, intituled ^' An 
" Act to amend the law enabling Boards of Guardians to recover 
*' costs of maintenance of illegitimate children in certain cases in 
'' Ireland," or when any order or decree has been made on or 



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1877. Mutiny. Ch.7. 59 

against any soldier for the recovery of the cost of any relief given 
to the wife or child of such soldier under the Acts relating to the 
relief of the poor in Ireland by way of loan, a copy of such order 
or decree shall be left at the War Office, and the Secretary of State 
may withhold a portion not exceeding sixpence of the daily pay of 
a non-commissioned officer who is not below the rank of sergeant, 
and not exceeding threepence of the daily pay of any other soldier, 
and allot the sum so withheld in liquidation of the sum adjudged to 
be paid by such order or decree. 

Where a summons is issued against a soldier under the said Acts 
or any of them, or an action is raised against hun at common law 
or under any Act of Parliament, for the purpose of enforcing against 
him any such liability as aforesaid, and such soldier is quartered 
out of tixe petty sessional division in which the summons is issued, 
or out of the jurisdiction of the court in which the action is raised, 
the summons shall be served on his commanding officer, and such 
service shall not be valid unless there be left therewith, or along with 
the service copy thereof, in the hands of the commanding officer, a 
sum of money to be adjudged as costs incurred in obtaining the 
order or decree (should an order be obtained or decree pronounced 
against the soldier) sufficient to enable him to attend the hearing of 
the case and return to his quarters ; and no summons whatever under 
the said Acts or any of them, or at common law, shall be valid 
against a soldier if served after the time at which an order has been 
given for the embarkation for service out of the United Kingdom 
of the body of troops to which the soldier belongs, 

107. Any man hereafter enrolled in the army reserve, or any Trial of men 
man who now being enrolled therein shall so consent, shall be at in army reserve 
all times during and in respect of such period of enrolment, subject (Ration. ^ 
to this Act to the extent and in the manner following, that is to 
say : For any wilful neglect or disobedience by him of an order or 
r^fulation made by the Secretary of State, omder the provisions of 
any Act then in force for the goverment or regulation of the army- 
reserve, he may be tried and punished by court-martial as if he 
were a soldier serving with a regiment, or^ at the discretion of the 
military authorities, may be brought before a justice acting for the 
county, district, city, borough, or place where he may come or be, 
^d by such justice may be sentenced to imprisonment with hard 
labour for a period not exceeding three months ; proof of the 
delivery of a notice issued by the military authorities, at the then 
last roistered place of abode of any man enrolled in the army 
reserve, or of the delivery of a letter addressed to him at such place, 
shall in all cases, in the absence of proof to the contrary, be deemed 
to he sufficient evidence, whether before a court-martial or before a 
justice, that such notice was brought to his knowledge. Any man When to be 
hereafter enrolled in the army reserve, or any man who now being deemed de- 
enrolled therein sfiaJl so consent, who shall without reasonable cause *®'^^"* 
ahsent himself on two consecutive occasions when by the Acts go- 
verning such force or the regulations made or to be made by virtue 
thereof he is duly ordered to be present at any place for the receipt 
of pay, shall be deemed a deserter : Provided that nothing contained 
in this section shall be deemed to affect any liability to which a man 
enroQed in the army reserve may be at the .time subject under the 



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60 Ch. 7. Mutiny. 40 Vicr. 

provisions of any other scition of this Act, or of any other Act for 
the time being in force, or of any orders or regulations made in 
Partial repeal pursuance thereof: Provided also, that nothing in the fifteenth sec- 
of 88. 15 and tion of the Army Enlistment Act, 1870, shall be deemed to affect 
EniUtmen^ ^^^ validity of any order of the Secretaiy of State for the enrol- 
Act, 1870. ment, re-enrolment, or prolongation of the service, with their own 
consent, of men in the army reserve at any age, and the proviso of 
such section is hereby repealed. Section twenty-one of the Army 
Enlistment Act, 1870, is hereby repealed so far as the same repeals 
section eight of the Reserve Force Act, 1867. 
Militia de- 108. Nothing contained in the Militia Voluntary Enlistment 

sertere, trial of. Act, 1875, shall be deemed to render unlawful the trial by a justice 
or justices of a deserter or person deemed a deserter under the said 
Act, who shall be brought before such justice or justices by order 
of the Secretary of State, by reason of the regiment in which such 
person is enrolled, or any portion thereof, being embodied or 
a&sembled for training or preliminary drill, when he is brought 
before such justice or justices. 
Militia reserve. 109. Nothing contained in any Act now in force shall be deemed 
Limitation of . to prevent the Secretary of State making regulations whereby the 
engagement, service in the militia reserve of any militiaman shall be limited so 
as to terminate at the time his militia engagement would have 
terminated if such militiaman had not enlisted in the militia 
reserve, 
j^ ^ - 110. This Act shall be and continue in force within Great Britain 

this Act, (torn the twenty-fifth day of April one thousand eight hundred and 

seventy-seven inclusive until the twenty-fifth day of April one thou- 
sand eight hundred and seventy-eight ; and shall be and continue in 
force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and 
Isle of Man, and the islands thereto belonging, from the first day of 
May one thousand eight hundred and seventy-seven inclusive until 
the first day of May one thousand eight-hundred and seventy- 
eight ; and shall be and continue in force within the garrison of 
Gibraltar, the Mediterranean, and in Spain and Portugal, from the 
first day of August one thousand eight hundred and seventy-seven 
inclusive until the first day of August one thousand eight hundred 
and seventy-eight ; and shall be and continue in force in all other 
parts of Europe where Her Majesty's forces may be serving, and in 
the West Indies and America, from the first day of September one 
thousand eight hundred and seventy-seven inclusive until the first 
day of September one thousand eight hundred and seventy-eight ; 
and shall be and continue in force in India, and within the Cape 
of Good Hope, the Isle of France or Mauritius and its dependencies, 
Saint Helena, and the settlements on the western coast of Africa, 
from the first day of January one thousand eight hundred and 
seventy-eight inclusive until the first day of January one thousand 
eight hundred and seventy -nine ; and shall be and continue in force 
within British Columbia and Vancouver's Island from the date of 
the promulgation thereof in general orders there inclusive until the 
first day of January one thousand eight hundred and seventy- 
nine ; and shall be and continue in force in all other places from 
the first day of February one thousand eight hundred and seventy- 
nine inclusive until the first day of February one thousand eight 



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bis 1 

land eight > 



1877. Mutiny. Ch. 7- 61 

hundred and eighty : Provided always, that this Act shall, from 
and after the receipt and promidgation thereof in general orders 
in any part of Her Majesty's dominions or elsewhere beyond the 
seas, become and be in full force, anything herein stated to the 
contrary notwithstanding. 

SCHEDULE referred to by the foregoing Act. 

Form of Oath to be taken by a Master whose Apprentice 
has absconded. 

I of do make oath, that I am by 

trade a and that was 

bound to serve as an apprentice to me in the said trade, by indenture dated 
the day of » for the term of 

years ; and that the said did on or about the 

day of abscond and quit my service without my consent ; 

and that to the best of my knowledge and belief the said 
ia aged about years. Witness my hand at 

the day of one thousand eight hundred 

and 

Sworn before me at this 

day of one thousand ( 

hundred and 

Form of Justice's Certificate to be given to the Master of 
an Apprentice. 
1 T one of Her Majesty's justices of the peace 

to wit. J 1 of certify, that 

of came before me at the daj 

of one thousand eight hundred and , 

and made oath that he was by trade a , and that 

was bound to serve as an apprentice to him in the said trade, by indenture 
dated the day of , for the term of 

years ; and that the said apprentice did on or about 
the day of abscond and quit the service of 

the said without his consent, and that to the best of his 

knowledge and belief the said apprentice is aged about years. 

Form of Oath to be taken by a Master whose indentured Labourer 
in any of Her Majesty's colonies or possessions has absconded. 

I of do make oath, that 

was bound to me to serve as an indentured labourer 
by indenture dated the day of for the term of 

years, and that the said did on or 

about the day of abscond and quit my service 

without my consent 

Witness, ^. las far apprentice.'] 

Form of Justice's Certificate to be given to the Master 
of an indentured Labourer. 

one of Her Majesty's justices of the peace 
of certify, that of 

came before me at the 

day of and made oath that was bound 

to serve as an indentured labourer to him by indenture dated the 
day of for the term of years, and 

that the said indentured labourer did on or about the day 

of abscond and quit the sei-vice of the said 

without his consent 



to wit. J L 



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62 



Ch. 7. 



Mutiny. 



40 Vict. 



Descjeuptivs Bbturn of 

on the day of 

ment at on the 

from the Bn. of the 



W.O. Form 87. 

who* at 

and was committed to confine- 
day of as a deserter 

Regiment of 



• After the word " who " to be inserted either the worda " was apprehended." or 
•• surrendered himself," as the case may be. 


Age ..... 




Height 


Feet Inches. 


Complexion .... 




Hair 




Eyes ..... 




Marks 




In uniform or plain clothes 




l£ '*^^^^ Probable date of enlistment, and where* 

tairiAAl VkiiYiiimlii ... 




rSwraiwSSttOT Probable date of desertioji, and from 
5§.^1niSS: ^tat place. 




oS^°* "'^^^y Name, occupation, and address of the 
person by whom or through whose 
means the deserter was apprehended 
and 8ecared.t 




Particulars in the evidence on which the 
prisoner is committed, and showing 
whether he surrendered or was appre- 
hended, and in what manner, and upon 
what grounds. The fullest possible 
details to be given. 





t It is important for the public service, and for the interest of the deserter, thai 
this part of the return should be accurately filled up, and the details should be inserted 
by the magistrate in his oym handwriting, or, under his direction, by his clerk. 



I do hereby certify, that 
the prisoner has been duly 
examined befiore me as to the 
circumstances herein stated, 
and has declared in my pre- 
t Insert sence that he^ a deserter 

il?hi?J!2J: from the before-mentioned 
as me case _ _ _ „ 

may be. corps, and I recommend§ 
for a reward of s. 



• Signature 1 
■ Residence 
-Post Town I 



ofcommiUing 
Magistrate. 



' Signature qf prisoner. 
Signature ^informant 



§ It is requested that the magistrate will insert the name of the person to whom the rewwd 
is due, and the amount [6t^ 109., 15«., or 209.,] which, in his opinion, should be granted in tHifl 
particular case. 



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1877. Marme Mutmy. Ch. 8- 63 

OHAPTEE 8. ^^^-^ '"^■^!^e. ^^ 

An Act for the Regulation of Her Majesty's Eoyal 
Marine Porces while on shore. [24th April 1877.] 

WHEREAS it is judged necessary for the safety of the United 
Kingdom^ and the defence of the possessions of this realm^ 
that a body of Boyal Marine forces should be employed in Her 
Majesty's fleet and naval service^ under the direction of the Lord 
High Admiral of the United Kingdom^ or the Commissioners for 
executing the office of Lord High Admintl aforesaid : 

And whereas the said forces may frequently be quartered or be 
on shore, or sent to do duty or be on board transport ships or mer- 
chant ships or TesselSy or ships or veasek of Her Majesty, or other 
ships or vessels, or they may be under other circunistances in which 
they will not be subject to the laws relating to the government 
of Her Majesty's forces by sea : 

And whereas no man can be forejudged of hfe or limb, or sub- 
jected in time of peace to any kind of punishment within this realm, 
by martial law, or in any other manner than by the judgment of 
his peers, and according to the known and established laws of this 
realm ; yet nevertheless it being requisite for the retaining of such 
forces in their duty that an exact discipline be observed, and that 
marines who shall mutiny or stir up sedition, or shall desert Her 
Majesty's service, or be guilty of any other crime or offence in 
breach of or to the prejudice of good order and discipline, be brought 
to a more exemplary and speedy punishment than the usual forms 
of the law will allow : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same^ as follows : 

L It shall be lawful for the said Lord High Admiral, or the Com- ^?^«' ^ ^rd 
miasioners for executing the office of Lord High Admiral aforesaid, &if to^^^*'' 
from time to time to make, ordain, alter, and establish rules and Articles for the 
Articles of War, under the hand of the said Lord High Admiral, P«n«hment of 
or under the haiids of any two or more of the said Commissioners, tion^&c.^^^'" 
for the better government of Her Majesty's Royal Marine forces, 
and for the punishment of mutiny, desertion, immorality, breach 
of discipline, misbehaviour, neglect of duty, and any other offence 
or misconduct of which they shall be guilty, in any place on shore 
or afloat in or out of Her Majesty's dominions, or at any time when 
or under any circumstances in which they shall not be amenable 
to the laws for the government of Her Majesty's ships, vessels, and 
forces by sea, and for regulating the proceedings of courts-martial, 
which rules and articles shall be judicially taken notice of by all 
judges and in all courts whatsoever ; and copies of the same shaU, 
as soon as conveniently may be after the same shall have been 
made, be transmitted by the Secretary of the Admiralty for the 
time being (certified under his hand) to the judges of Her Majesty's 
superior courts at Westminster, Dublin, and Edinburgh respectively, 
and also to the governors of Her Majesty's dominions abroad ; pro- 
vided that no person within the United Kingdom of Great Britain 



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64 



Ch. 8. 



Marine Mutiny. 



40 Vict. 



War. 



Umitation as 
to time. 



and Ireland or within the British Isles shall by such Articles of 
War be subject to suffer any punishment extending to life or limb, 
or to be kept in penal servitude except for crimes which are by this 
Act expressly made liable to such punishment as aforesaid, or shall 
be subject, with reference to any crimes made punishable by this 
Act, to be punished in any manner which may be inconsistent with 
the provisions of this Act. 
As to offences 2* AH crimes and offences committed against any former Act 
apipBt fonner made for the regulation of the Royal Marine forces while on shore 
Md*Artici^of ^^ against any of the rules, regulations, or Articles of War made 
and established by virtue of the same, may, during the continuance 
of this Act, be tried^ inquired of, and punished in like manner as 
if they had been committed against this Act ; and every warrant 
for holding any court-martial under any former Act shall remain 
in full force notwithstanding the expiration of such Act ; and all 
proceedings of any court-martial upon any trial begun under the 
authority of such former Act shall not be discontinued by the ex* 
piration of the same : Provided always, that no person shall be 
liable to be tried and punished for any offence against any of the 
said Acts or Articles of War which shall appear to have been com- 
mitted more than three years before the date of the commission 
or warrant for such trial, unless the person accused, by reason of 
his having absented himself, or of some other manifest impediment, 
shall not have been amenable to justice within that period, in 
which case such person shall be liable to be tried at any time not 
exceeding two years after the impediment shall have ceased ; and 
provided also, that if any officer or marine in any place beyond the 
seas shall commit any of the offences punishable by court-martial 
under this Act, and shall escape and come or be brought into this 
realm before he be tried for the same, he shall, when apprehended, 
be tried for the same as if such offence had been committed within 
this realm. 

8. This Act shall extend to the islands of Jersey, Quemsey, 
Alderney, Sark, and Mau, and the islands thereto belonging, as to 
the provisions herein contained for enlisting of recruits, whether 
minors or of full age, and swearing and attesting such i*ecruits, 
and for mustering and paying, and to the provisions for trial and 
punishment of officers and marines who shall be charged with 
mutiny and desertion or any other of the offences which are by 
this Act declared to be punishable by the sentence of a court- 
martial, and also to the provisions which relate to the punishment 
of persons who shall conceal deserters, or shall knowingly buy, 
exchange, or otherwise receive any arms, medals for good conduct 
or for distinguished or other service, clothes, military furniture, or 
regimental necessaries from any marine or deserter, or who shall 
cause the colour of any such clothes to be changed ; and also to 
the provisions for exempting mai ines from being taken out of Her Ma- 
jesty's service for not supporting or for leaving chargeable to any 
parish any wife or child or children, or on account of any breach 
of contract to serve or work for any employer, or on account 
of any debts under thirty pounds in the said islands. 
Application of 4. All the provisions of the Act, and any Articles of War made 
tidefof War ^ pursuance of this Act, shall apply to all persons who are or shall 



Proyisions of 
this Act to 
extend to Jer* 
sey, 8cc, 



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1S77. Marine Mutiny. Ch. 8. 65 

be commissioned or in pay as an officer, or who are or shall be 
listed or in pay as a non-commissioned officer or marine. 

5. Nothing in this Act contained shall be construed to extend to The ordinary 
exempt any officer or marine from being proceeded against by the ^^^^^ ^^ 
ordinary course of law when accused of felony or misdemeanor, or iSerfeied with, 
of any misdemeanor other than the misdemeanor of refusing to 

comply with an order of justices for the payment of money ; and 
any commanding officer who shall neglect or refuse, when due 
application shall be made to him for that purpose, to deliver over 
to the dvU magistrate any officer or marine, or who shall wilfully 
obstruct, neglect, or refuse to assist any peace officer in appre- 
hending any such offender, shall, upon conviction thereof in any . 
of Her Majesty's courts at Westminster, Dublin, or Edinburgh, be 
deemed to be thereupon cashiered, and shall be utterly disabled to 
hold any civil or military office or employment in Her Majesty's 
service ; and a certificate of such conviction shall be transmitted to 
the Secretary of the Admiralty. 

6. No person subject to this Act having been acquitted or con- No person tried 
victed of any crime or offence by the civil magistrate or by the ^^^^^JJ!^ 
verdict of a jury shall be liable to be again tried for the satne crime |,y co^Ssar- 
or offence by a court-martial, or to be punished for the same other- tial for same 
wise than by cashiering in the case of a commissioned officer, or in ofience except 
the case of a warrant officer by reduction to an inferior class, or ^^^ *™*' 
to the rank of a private marine, by order of the Lord High 
Admiral, or the Commissioners for executing the office of Lord 

High Admiral, or in the case of a non-commissioned officer, by 
reduction to the ranks, by order of the commandant of the division 
to which such non-commissioned officer may belong ; and when- 
ever any officer or marine shall have been tried before a court of 
ordinary criminal jurisdiction, the clerk of the court or other officer 
having the custody of the records of such court, or the deputy of 
such clerk, shall, if required by the officer commanding the division 
to which such officer or marine belongs, transmit to him a certi- 
ficate containing the substance and effect only, omitting the formal 
part, of the indictment, conviction, and entry of judgment thereon 
or acquittal of such officer or marine, and shall be allowed for such 
certificate a fee of three shiDings. 

7. All of Her Majesty's Royal Marine forces shall, during the Marines to be 
time they shall be respectively borne on the books of or be on board ^^^^*® ^^ 
any of Her Majesty's ships or vessels in commission, either as part the^mivy while 
of the complement or as supernumeraries, or otherwise, be subject on board ship, 
and liable in every respect to the laws for the government of Her 
Majesty's forces by sea and to the rules and discipliue of the Royal 

Navy for the time being, and shall and may be proceeded against 
and punished for offences committed by them whilst so borne or 
on board, in the same manner as the officers and seamen employed 
in the Royal Navy may be tried or punished ; except when and so 
long as any marine officers or marines shall be landed from any ot 
Her Majesty's ships, and be employed in military operations on 
shore, and when on such occasions the senior naval officer present 
fihall deem it expedient to issue an order declaring that such marine 
officers and marines shall during such employment on shore be 
subject to the regulations of this Act, in which cases, and while 

[the law BXPOKT8.] E 



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66 Ch. 8. Marine Mvjtvay. 40 Vict. 

such order shall remain in force, they shall be subject to such regu- 
lations, aud be tried and punished under this Act accordingly for 
any offences to be committed by them while so on shore ; and, with 
or without any commission or warrant from the said Lord High 
Admiral or the said Commissioners for that purpose, the officer 
commanding in chief or commanding for the time being any such 
marine officers or marines shall have power and authority to con- 
vene, and to authorise any officer to convene, courts-martial under 
this Act, as occasion may require, for the trial of offences committed 
by any of the Royal Marine forces, whether the same shall have 
been committed before or after such officer shall have taken upon 
himself such command : Provided always, that if any marine officer 
or marine so borne on the books of any of Her Majesty^s ships or 
otherwise shall commit any offence for which he shall not be 
amenable to a naval court-martial, he may be tried and punished 
for the same in the same manner as other officers or marines may 
be tried and punished for the like offences under the authority of 
this Act ; or if the Commissioners for executing the office of Lord 
High Admiral aforesaid so direct, he may be so tried and punished 
for any offence committed by him on shore, whether he be or be 
not amenable to a naval court-martial for the same. 
Power to Lord 8. It shall be lawful for the said Lord High Admiral, or the 
High Admiral, Commissioners for executing the office of Lord High Admiral 
comnSlSoM aforesaid, from time to time to grant commissions or warrants 
for holding under the hand of the said Lord High Admiral, or under the hands 
general courts- ^f ^ny two or more of the said Commissioners, for the holding of 
mart , c general and other courts-martial within the United Kingdom of 
Great Britain and Ireland, and elsewhere out of the same, in like 
manner as has been heretofore used, and for bringing offenders 
against this Act and the Articles of War to justice, and to erect and 
constitute courts-martial, as well within the said United Kingdom 
and the British Isles as in any of Her Majesty's garrisons or do- 
minions or elsewhere beyond the seas, and to grant commissions or 
. warrants to the officer or officers commanding in chief or com- 
manding for the time being any of Her Majesty's Royal Marine 
forces, as well within the said United Kingdom as Her Majesty's 
other dominions, and in any foreign parts out of the same do- 
minions, for convening, as well as for authorising any officer to 
convene, courts-martial, as occasion may require, for the trial of 
offences committed by any of the Royal Marine forces, whether 
' the same shall have been committed before or after such officer 

shall have taken upon himself such command, or before or after any 
such commission or warrant shall be granted, provided that the 
officer so authorised be not below the degree of a field officer, 
except in detached situations beyond seas, where a captain may be 
authorised to convene district or garrison courts^martial ; every 
officer so authorised to convene courts-martial may confirm and 
cause to be executed, or may suspend, mitigate, or remit the whole 
or any unexpired • portion of the*, sentence of any court-martial 
convened by him or by any officer previously so authorised accord- 
Place where ing to the terms of his warrant ; and any person subject to this 
bftn^™*^ Act who shall, in any of Her Majesty's dominions or elsewhere, 
commit any of the offences for which he may be liable to be tried 



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1877. Marine Mutiny. Ch. 8, 67 

by court-martial by virtue of this Act or of the Articles of War, 
may be tried and punished for the same in any part of Her 
Majesty's dominions, or other place where he may have come or 
be after the commission of the offence, as if the offence had been 
committed where such trial shaQ take place. 

9. Every general court-martial convened within the United Power of 
Kingdom or the British Isles shall consist of not less than nine ^^^ courta- 
commissioned officers, each of whom shall have held a commission 

for three years before the date of the assembly of the court. Every 
general court-martial shall have power to sentence any officer of 
marines or marine to suffer death, penal servitude, imprisonment, 
forfeiture of pay or pension, or any other punishment which shall 
accord with the usage of the service ; but no sentence of death by 
a court-martial shall pass unless two thirds at least of the officers 
present shall concur therein. No sentence of penal servitude shall 
be for a period of less than five years, and no sentence of imprison- 
ment shall be for a period longer than two years. 

10. Every district or garrison court-martial convened within the Powers of 
United Kingdom or the British Isles shall consist of not less than ri^^court^' 
seven commissioned officers, and shall have the same power as a martial, 
general court-martial to sentence any marine to such punishments 

as shall accord with the provisions of this Act ; provided that the 
sentence of a district or garrison court-martial shall be confirmed 
by the general officer, governor, or senior officer in command of the 
district, garrison, island/ or colony, and that no such district or 
garrison court-maiiial shall have power to try a commissioned 
officer, or to pass any sentence of death or penal servitude. 

U. A divisional or detachment court-martial shall consist of not Powers of 
less than five commissioned officers, unless it be found impracticable ^^^^ ^^ 
to assemble that number, in which case three shall be sufficient, and courts-martial, 
shall have power to sentence any marine to corporal punishment or 
to imprisonment, and forfeiture of pay, in such manner as shall 
accord with the provisions of this Act. 

12. In cases of mutiny and insubordination accompanied with Coartg-martial 
personal violence or of other offences committed on the line ^^^J^^^-^ 
march, or on board any transport ship, convict ship, or merchant transport 
vessel, the offender may be tried by a divisional or detachment ships, &c. 
court-martial, and the sentence may be confirmed and carried into 
execution on the spot by the officer in immediate command, pro- 
vided that the sentence shall not exceed that which a divisional 
court-martial is competent to award. 

13. It shall be lawful for any officer commanding any detachment Powers of 

or portion of Her Majesty's Royal Marine forces, upon complaint ^^J^®"^ ^ 
made to him of any offence committed against the property or per- martial/° 
son of any inhabitant of or resident in any country in which Her 
Majesty's Royal Marine forces are so serving by any person under 
the immediate command of any such officer, to summon and cause 
to be afisembled a detachment general court-martial, which shall 
consist of not less than three commissioned officers, for the trial of 
any such person, notwithstanding such officer shall not have re- 
ceived any warrant empowering him to assemble courts-martial ; . 
and every such court-martial shall have the same powers in regard 
to summoning and examining witnesses, trial of and sentence upon 

E 2 



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68 Ch. 8. Marine Mutiny. 40 Vict. 

offenders, as are granted by this Act to general courts-martial: 
Provided always, that no sentence of any such detachment court- 
martial shall be executed until the officer commanding the army 
to which the division, brigade, detachment, or party to which any 
person so tried shall belong shall have approved and confirmed the 
same. 
OlllcepB of the 14. When it is necessary or expedient, a court-martial composed 
landfo"^^ina C3:clusively of officers of the Royal Marines, or a court-martial 
sitinc^unc- composed of officers of Her Majesty's Army, or of Her Majesty's 
tion on courts- Indian Army, or of both or of either, together with officers of the 
martial. Royal Marines, whether the commanding officer by whose order 

such court-martial is assembled belongs to the land or to the marine 
forces, may try a person belonging to any one of the said three ser- 
vices ; provided that when the person to be tried shall belong to 
Her Majesty's Royal Marine forces, then the provisions of this Act, 
or of such Act as shall be then and there in force for the regulation 
of Her Majesty's Royal Marine forces while on shore, and the oaths 
therein respectively prescribed, and the Rules and Articles of War 
relating to the Royal Marines then and there in force, shall be 
applicable to such court, and the proceedings thereof and relating 
thereto ; but where the person to be tried shall belong to Her Ma- 
jesty's Army, or shall belong to Her Majesty's Indian Army, and be 
within the United Kingdom, then the proceedings of such court 
shall be regulated as if the court were composed of officers of Her 
Majesty's Army only, and the provisions*of the Act then and there 
in force for the punishment of mutiny and desertion, and for the 
better payment of the army and their quarters, and the oaths 
therein prescribed, and the Rules and Articles of War relating to 
Her Majesty's Army then and there in force, shall be applicable to 
such court, and the proceedings thereof and relating thereto ; and 
where the person to be tried shall belong to Her Majesty's Indian 
Army, and be out of the United Kingdom, the provisions of such 
Act or Acts as shall be then and there in force for punishing 
mutiny and desertion of officers and soldiers in Her Majesty's 
Indian Army, and the Rules and Articles of War, if any, relating 
to such officers and soldiers then and there in force, shall be ap- 
plicable to such court, and the proceedings thereof and relating 
thereto. 
If no superior 15. Provided there be no superior officer of Her Majesty's land 
officer of land forces present in command of a district, garrison, station, or place 
in'oonmu^^of ^^^ere marines may be serving, it shall be lawful for any officer of 
a district, &c., the Royal Marine corps of the degree of a field officer, and holding 
an officer of ^ commission from the Lord High Admiral, or the Commissioners 
^Je^r*^ for executing the office of Lord High Admiral, for that purpose, 
court-martial, but not otherwise, to convene or assemble a district or garrison 
court-martial, to be composed as before stated, and for such court 
to proceed to try any marine or marines below the rank of com- 
missioned officer for any of the offences cognizable by a district or 
garrison court-martial ; but the sentence so awarded by any such 
court shall not be carried into effect until the senior officer of the 
Royal Marines in the district, garrison, station, or place, not being 
a member of the court, shall have confirmed the same : Provided 
always, that if there be any such superior officer of Her Majesty's 



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1877. il^arine Mutmy. C^. 8. 69 

land forces preseot in command of the district^ garrison, station, 
or place where marines may be, in such case it shall be lawful for 
him to convene or assemble such district or garrison court-martial 
for the trial of any marine or marines below the rank of a commis- 
sioned officer^ and for such court-martial to try any such marine 
or marines in conformity with the provisions of this Act and the 
Articles of War to be made in pursuance hereof ; but the sentence 
which may be awarded by any such court which may be con- 
vened or assembled by any such superior officer shall not be 
carried into effect imtil such superior officer shall have confirmed 
the same. 

16. The president of every court-martial shall be appointed by President of 
or under the authority of the officer convening such courts, and courte-martial. 
shall in no case be the confirming officer, or the officer whose duty 

it has been to investigate the charges on which the prisoner is 
to be arraigned, nor, in the case of a general court-martial, under 
the degree of a field officer, unless where a field officer cannot be 
had, nor in any case whatsoever under the degree of a captain, 
save in the case of a detachment general court-martial holden 
out of Her Majesty's dominions, or of a divisional or detachment 
oourt*martial holden on the line of march, or on board a transport 
ship, convict ship, merchant vessel, or troop ship not in commis- 
sion, or on any foreign station where a captain cannot be had : 
^ovided always, that in the case of a detachment general court- 
martial holden out of Her Majesty's dominions the officer convening 
such court may be the president thereof. 

17. In all trials by court-martial, as soon as the president and Proceedings at 
other officers appointed to serve thereon shall be assembled, their *™^ 
names shall be read over in the hearing of the prisoner, who shall 
thereupon be asked if he objects to being tried by the president 

or by any of such officers, and if the prisoner shall then object to 
the president, such objection, unless disallowed by two thirds at 
least of the other officers appointed to form the court, shall be 
referred to the decision of the authority by whom such president 
shall have been appointed ; but if he object to any officer other than 
the president, sucn objection shall be decided by the president and 
the other officers so aforesaid appointed to form the court; and 
when the place of the president or other officer in respect of whom 
any challenge shall have been made and allowed shall be supplied 
by some officer in respect of whom no challenge shall be made or 
allowed^ or if no challenge whatever shall have been made, or, if 
made, not allowed, the president and the other officers composing 
a general court-martial shall take the oaths in the schedule to this 
Act annexed before the judge advocate or his deputy or person 
officiating as judge advocate, and on trials by other courts-martial 
before the president of such court, who are hereby respectively 
authorised to administer the same, and any sworn member may 
administer the oath to the president ; and as soon as the said oaths 
shaU have been administered to the respective members, the presi- 
dent of the court is hereby authorised and required to administer 
to the judge advocate, or the person officiating as such, the oath 
in the schedule to this Act annexed ; and no proceeding or trial 
shall be had upon any offence but between the hours of eight of 



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70 



Ch.8. 



Marine Mutiny. 



40 Vict. 



Swearing and 

summoning 

witnesses. 



Oath to be 
administered 
to shorthand 
writer. 

No second trial, 
bnt revision 
allowed. 



Crimes punish- 
able with 
death. 



the clock in the morning and four in the afternoon, except in csaea 
which require an immediate example^ and except in the East 
Indies, where such proceedings or trial may be had between the 
hotirs of six in the morning and four in the afternoon. 

18. All general and other courts-martiaJ shall have power and 
authority and are hereby required to administer an oath to every 
witness or other person who shall be examined before such court 
in any matter relating to any proceeding before the same ; and 
every person, as well civil as inilitary, who may be required to give 
or produce evidence before a court-martial, shall, in the case of 
general courts-martial, be summoned by the judge advocate, or 
the person officiating as such, and in the case of all other courts- 
martial by the president of the court ; and all persons so summoned 
and attending as witnesses before any court-martial shall, during 
their necessary attendance in or on such courts, and in going to 
and returning from the same, be privileged from arrest, and shall, 
if unduly arrested, be discharged by the court out of which the 
writ or process issued by which such witness was arrested ; or if 
such court be not sitting, then by any judge of the superior courts 
of Westminster or Dublm, or of the Court of Session in Scotland, 
or of the courts of law in the East or West Indies, or elsewhere, 
according as the case shall require^ upon its being made to appear 
to such court or judge by any affidavit in a summary way that 
such witness was arrested in going to, attending upon, or returning 
from or attending upon such court-martial ; and aU witnesses so 
duly summoned as aforesaid who shall not attend on such courts, 
or attending shall refuse to be sworn, or not produce the documents 
being under their power or control required to be produced by 
them, or, being sworn, shall refuse to give evidence or to answer 
all such questions as the court may legally demand of them, shall 
be liable to be attached in the High C^urt of Justice in London 
or in the Court of Queen's Bench in Dublin, or in the Court of 
Session, sheriflF or stewart courts in Scotland, or in the courts of law 
in the East or West Indies, or In any of Her Majesty's colonies, 
garrisons, or dominions in Europe or elsewhere, respectively, upon 
complaint made, in like manner as if such witness had, after being 
duly summoned or subpoenaed, neglected to attend on a trial in 
any proceeding in the court in which such complaint shall be made. 

It shall be lawful for the president of any court-martial to 
administer an oath to a shorthand writer to take down, according 
to the best of his power, the evidence to be given before the court. 

19. No officer or marine who shall be acquitted or convicted 
of any offence shall be liable to be tried a second time by the 
same or any other court-martial for the same offence; and no 
finding, opinion, or sentence given by • any court-martial, and 
signed by the president thereof, shall be revised more than once, 
nor shall any additional evidence in respect of any charge on 
which the prisoner then stands arraigned be received by the court 
on any revision. 

20. If any person who is or shall be commissioned or in pay 
as an officer of Koyal Marines, or who is or shall be listed or in 
pay as a non-commissioned officer, drummer, or private man in 
Her Majesty's Royal Marine forces, shall at any time during 



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1877. Marine Mutiny. Ofi. 8j ^t\ 

the continuance of this Act, while on shore in any place within the 
said kingdom, or in any other of Her Majesty's dominions, or in 
any foreign parts out of such dominions, or on board any trans- 
port ship, or merchant ship or vessel, or any ship or vessel of Her 
Majesty, or on board any convict hulk or ship, or any other ship 
or vessel, or in any place whatever, where or while being in any 
circamstances in which he shall not be subjected to, or not be 
liable to or punishable by, the laws relating to the government 
of Her Majesty's forces by sea, begin, excite, cause, or join in any 
mutiny or sedition in Her Majesty's marine or other forces, or 
shall not use his utmost endeavours to suppress any such mutiny 
or sedition, or shall conspire with ' any other person to cause a 
mutiny, or coming to the knowledge of any mutiny or intended 
mutiny shall not without delay give information thereof to his 
commanding officer ; or shall misbehave himself before the enemy ; 
or shall shamefully abandon or deliver up any garrison, fortress, 
post, or guard committed to hie charge, or which he shall have 
been commanded to defend ; or shall compel the governor or 
commanding officer of any garrison, fortress, or post to deliver 
up to the enemy or to abandon the same ; or shall speak words 
or use any other means to , induce such governor or commanding 
officer or any other to misbehave before the enemy, or shamefully 
to abandon or deliver up any garrison, fortress, post, or. guard 
committed to their respective charge, or which he or they shall 
be commanded to defend; or shall leave his post before being 
regularly relieved, or shall sleep on hiSi post ; or shall hold corre- 
spondence with or give advice or intelligence to any rebel, pirate, 
or enemy of Her !^Iajesty, either by letters, messages, signs, tokens, 
or any other ways or means whatever ; or shall treat or enter into 
any terms with any such rebel, pirate, or enemy, without the 
license of the Lord High Admiral of the said United Kingdom, 
or the Commissioners for executing the office of Lord High Admiral 
aforesaid, for the time being ; or shall strike or use or offer any 
violence against his superior officer being in the execution of his 
office, or shall disobey any lawful command of his superior officer ; 
or who being confined in a military piison shall oifer any violence 
against a visitor or other officer being in the execution of his 
office, or shall violate any law or regulation of or relating to any 
military prison; or shall desert or attempt to desert from Her 
Majesty's Boyal Marine forces ; every person so offending in any 
of the matters before mentioned, whether such offence be commit- 
ted within this realm, or in any other of Her Majesty's dominions, 
or in foreign parts upon land or upon the sea, shall suffer death 
or penal servitude or such* other punishment as by a court-martial 
shall be awarded: Provided always, that any non-commissioned 
officer or marine in pay in any division or company who shall, 
without having first obtained a regular discharge therefrom, enlist 
himself in any other division or company, or in any other branch 
of Her Majesty *s service, may be deemed to have deserted Her 
Majesty's service, and shall be liable to be punished accordingly. 

21. In all cases where the punishment of death shall have been ^?™^*^**^° 
awarded by a general court-martial or by a detachment general ^n^gendtude 
court-martial it shall be lawful for Her Majesty, or, if in any place or imprison- 
ment, &c. 



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72 Ch. 8. Marme Mutiny. 40 Vict. 

out of the United Kingdom or British Isles, for the commanding 
officer having authority to confirm the sentence, instead of causing 
such sentence to be carried into execution, to order the offender to 
be kept to penal servitude for any term not less than five years, 
or to suffer such term of imprisonment, with or without hard 
labour, and with or without solitary confinement, as shall seem 
meet to Her Majesty or to the officer commanding as aforesaid ; 
provided that the imprisonment shall not exceed two years, and 
that the solitary confinement shall not exceed^ seven days at a time, 
with intervals of not less than seven days iJetween the periods of 
solitary confinement ; and that if the imprisonment exceeds eighty- 
four days, the solitary confinement shall not exceed seven days in 
any twenty-eight days of the imprisonmejit. 
Embezzlement 22. Any officer or marine, or any person employed or in any 
punishable by igi^ay concerned in the care or distribution of any money, provisions, 
SX^impriflon- ^rage, arms, clothing, ammunition, or other stores belonging to 
ment, &c. any of Her Majesty's forces or for Her Majesty's use, who shall 
embezzle^ fraudulently misapply, wilfully damage, steal, or receive 
the same knowing them to have been stolen, or shall be concerned 
therein or connive thereat, may be tried for the same by a general 
court-mai-tial, and sentenced to be kept in penal servitude for any 
term not less than five' years, or to suffer such punishment of 
fine, imprisonment, with or without hard labour, dismissal from 
Her Majesty's service, reduction to the ranks, if a warrant or non- 
commissioned officer^ as such court shall think fit, according to the 
nature and degree of the offence ; and every such offender shall, in 
addition to any other punishment^ make good at his own expense 
the loss and damage sustained ; and in every such case the court 
is required to ascertain by evidence the amount of such loss or 
damage, and to declare by their sentence that such amount shall 
be made good by such offender; and the loss and damage so 
ascertained as aforesaid shall be a debt to Her Majesty, and may 
be recovered in any of Her Majesty's courts at Westminster or 
in Dublin, or the Court of Exchequer in Scotland, or in any court 
in Her Majesty's colonies where the person sentenced by such 
court-martial shall be resident after the said judgment shall be con- 
firmed and made known, or the offender, if he shall remain in the 
service, may be put under stoppages not exceeding one half of his pay 
and allowances until the amount so ascertained shall be recovered. 
As to execution 23. Whenever Her Majesty shall intend that any sentence of 
of sentences of penal servitude heretofore or hereafter to be passed upon any 
m the*M^* offender by any court-martial shall be carried into execution for 
Kingdom. the term specified in such sentence, or for any shorter term, or 
shall be graciously pleased to commute as aforesaid to penal ser- 
vitude any sentence of death which shall have been passed by any 
such court, such sentence, together with Her Majesty's pleasure 
upon the same, shall be notified in writing by the Loni High 
Admiral, or by the Secretary to the Admiralty for the time iyeing, 
to any judge of the High Court of Justice, and thereupon such 
judge shaU make an order for the penal servitude of such offender 
upon the terms and for the time which shall be specified in such 
notification, and shall do all such other acts consequent upon such 
notification as any such justice or baron is authorised to make or 



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1877. Marine Mutiny. Ch. 8. 73, 

do by any statute or statutes in force at the time of making any 
such orders in relation to penal servitude of offenders ; and such 
order, and other acts to be so made and done as aforesaid, shall be 
obeyed and executed by such person in whose custody such offender 
shall at that time be, and by all other persons whom it may concern, 
and shall be as effectual, and have all the same consequences, as 
any order made under the authority of any statute with respect to 
any offender in such statute mentioned; and every sheriff, gaoler, 
keeper, governor, or superintendent whom it may concern, and all 
constables and other persons, shall be bound to obey the aforesaid 
order and orders, be assistant in the execution thereof, and be 
liable to the same punishment for disobedience to or for intemipt- 
ing the execution of such order, as they would be if the same had 
been made under the authority of any such Act of Parliament ; and 
every person so ordered to be kept in penal servitude shall be 
subject respectively to all and every. the penalties and provisions 
made by law and in force concerning persons under sentence of 
penal servitude, or receiving Her Majesty's pardon on condition of 
penal servitude ; and from the time when such order of penal ser- 
vitude shall be made every law and statute in force touching the 
escape of felons, or their afterwards returning or being at large 
without leave, shall apply to such offender, and to all persons 
aiding, abetting, contriving, or assisting in any escape or intended 
escape or the returning without leave of any such offender ; and 
the judge who shall make any order of penal servitude as aforesaid 
shall direct the notification of Her Majesty's pleasure, and his own 
order made thereu|)on, to be filed and kept of record in the office of 
the Clerk of the Crown of the Queen's Bench Division of the said 
High Court of Justice ; and the said clerk shall have a fee of two 
shillings and sixpence only for filing the same, and shall, on appli- 
cation, deliver a certificate in writing (not taking more than two 
shillings and sixpence for the same) to such offender, or to any 
person applying in his or Her Majesty's behalf, showing the 
Christian and surname of such offender, his offence, the place where 
the court was held before which he was convicted, the sentence, 
and the conditions on which the order of penal servitude was 
made ; which certificate shall be sufficient proof of the conviction 
and of the sentence of such offender, and also of the terms in which 
such order for his penal servitude was made, in any court and in 
any proceeding whei'ein it may be necessary to inquire into the 
dame ; and it shall be lawful for any judge of the Queen's Bench, 
Common Pleas, Exchequer, or other superior court in Ireland to 
make an order that any such offender convicted in Ireland shall be 
kept in penal servitude in England, and such order shall be in aU 
respects as effectual in England as though such offender had been , 
convicted in England and the order had been made by any judge 
of the High Court of Justice in England. 

24» Whenever any sentence of penal servitude heretofore or here- 4® to execu- 
after passed upon any offender by any court-martial holden in any J'en^g^iJ^^e 
part of Her Majesty's dominions beyond the seas, or elsewhere, colonies. 
is to be carried into execution for the term specified in such 
sentence, or for any shorter term, or when sentence of death passed 
by any such court-martial has been or shall as aforesaid be com- 



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74 . Ch. 8. Matvae Mutmy. 40 Vict. 

muted to penal servitude, the same shall be notified by the officer 
commanding Her Majesty's forces at the presidency or station 
where the offender may come or be, if in India to the chief judge or 
any judge of the chief civil court of the presidency or province in 
vrhidi the court-martial has been held ; and if in any other part of 
Her Majesty's foreign dominions^ to the chief justice or some other 
judge therein, who shall make order for the penal servitude or 
intermediate custody of such offender ; and upon any such order 
being made it shall be duly notified to the governor of the pre- 
sidency if in the East Indies, or to the governor of the colony if in 
any of Her Majesty's colonies, or to the person who shall for the 
time being be exercising the office of governor of such presidency or 
colony, who on receipt of such notification shall cause such offender 
to be removed or sent to some other colony or place, or to undergo 
his sentence within the presidency or colony where the offender was 
so sentenced or where he may come or be as aforesaid in obedience 
to the directions for the removal and treatment of convicts which 
shall from time to- time be transmitted from Her Majesty through 
one of her Principal Secretaries of State to such presidency or 
colony ; and such offender ahall^ according to such directions, 
undergo the sentence of penal servitude which shall have been 
passed upon him either in the presidency or colony in which he 
has been so sentenced or in the colony or place to which he has 
been so removed or sent, and whilst such sentence shall remain in 
force shall be liable to be imprisoned and kept to hard labour, and 
otherwise dealt with under such sentence, in the same manner 
as if he had been sentenced to be imprisoned with hard labour 
during the term of his penal servitude by the judgment of a court of 
competent jurisdiction in such presidency or colooy or in the colony 
or place to which he has been so removed or sent respectively. 
Sentence of 25. In any case where a sentence^ of penal servitude shall have 

nM?y iw^m-^ been awarded by a general or detachment general court-martial, it 
muted for im- shall be lawful for Her Majesty, or, if in any place out of the United 
prisomnent. Kingdom or British Isles, for the officer commanding in chief Her 
Majesty's forces there serving, instead of causing such sentence to 
be carried into execution, to order that the offender be imprisoned, 
with or without hard labour, and with or without solitary confine- 
ment, for such term not exceeding two years as shall seem meet to 
Her Majesty or to the officer commanding as aforesaid ; provided 
that the solitary confinement shall not exceed seven days at a time, 
with intervals of not less than seven days between the periods of 
solitar}"^ confinement ; and that if the imprisonment exceeds eighty- 
four days the solitary confinement shall not exceed seven days in 
any twenty-eight days of the imprisonment. 
Of forfeitures, 26. Where, an award of any forfeiture, or of deprivation of pay, 
witlTi^OTS ^^' ^f stoppages of pay shall have been added to any sentence of 
servitude. penal servitude, it shall be lawful for the said Lord High Admiral 
or the said Commissioners, or, if in any place out of the United 
Kingdom or British Isles, for the officer commanding in chief Her 
Majesty's forces there serving, in the event of the sentence being 
commuted for imprisonment, to order such award of forfeiture, 
deprivation of pay, or stoppages of pay to be enforced, mitigated, or 
remitted as may be deemed expedient. 



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1877. Marvne Mwtmy. Ch. 8. 76 

27. When any sentence of death shall be commuted for penal Disposal of 
servitude^ or when any marine shall by court-martial be adjudged convict aft^r 
to penal servitude as authorised by this Act, it shall be lawful for Jl^^^^tude. 
the commanding officer of the division to which such marine shall 

have belonged or may belong to cause him to be detained and 
conveyed to any gaol or prison^ there to remain in safe custody 
mitil he shall be removed therefrom by due authority under an 
order for his penal servitude to be made by some judge of the High 
Court of Justice as aforesaid ; and a certificate of his sentence^ after 
the same shall have been approved by the Lord High Admiral, or 
the Commissioners for executing the office of Lord High Admiral, 
(such certificate to be signed by the commanding officer of the 
division from which he shall be sent,) shall be a sufficient order, 
requisition, and authority to the governor, keeper, or superintendent 
of the gaol or prison to receive and detain him : Provided always, 
that in case of any such offender being so conveyed to gaol or 
prison the usual allowance of sixpence per diem, or such other sum 
as the said Lord High Admiral or the said Commissioners may at 
any time or times direct, shall be made to the keeper of the gaol or 
prison for the subsistence of such offender during his detention 
therein, which allowance shall be paid by the paymaster of the 
division, upon production to him, by the said governor, keeper, or ' 
superintendent, of a declaration, to be made by him before one of 
Her Majesty's justices of the peace of such county, of the number 
of days daring which the offender shall have been . so detained and 
subsisted in such gaol or prison. 

28. No court-martial shall, for any offence whatever committed Power to inflict 
in time of peace within the Queen's dominions, have power to sen- corpofai 
tence any marine to corporal punishment : Provided that any court- J^^n'^es!^ 
martial may sentence any marine to corporal punishment while on 

active service in the field, or on board any ship not in commission, 
for mutiny, insubordination, desertion, drunkenness on duty or on 
the line of march ; and no sentence of corporal punishment shall 
exceed fifty lashes. 

29. It shall be lawful for any general, district, or garrison court- Power to inflict 
martial to award imprisonment, with or without hard labour, and ^^'^^ 
with or without solitary confinement, such confinement not exceed- ^Hsoimcnt 
ing the periods prescribed herein-after or by the Articles of War, 

and in case of a marine in addition to corporal punishment. 

80. In all cases in which corporal punishment shall form the Power to com- 
whole or part of the sentence awarded by any court-niartial, it shall mnte corporal 
be Uwfiil for the Lord High Admiral of the United Kingdom of P^"^^'^*- 
Ql«at Britain and Ireland, or the Commissioners for executing the 
office of Lord High Admiral of the United Kingdom of Great Britain 
and Ireland, or for the officer authorised to confirm the sentences of 
courts-martial, to commute such corporal punishment to imprison- 
ment for any period not exceeding forty-two days, with or without 
hard labour, and with or without solitary, confinement, or to miti- 
gate such sentence, or instead of such sentence to award imprison- 
ment for any period not exceeding twenty days, with or without 
hard labour, and with or without solitary confinement, and corporal 
punishment, to be inflicted in the prison, not exceeding twenty-five 
lashes, and the solitary confinement herein-before mentioned shall in 
no case exceed seven days at a time, with intervals of not less than 



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76 CH..8. Marine Mutiny. 40 Yicr. 

seven days between each period of such confinement : Provided 
always, that the lashes as aforesaid shall not be administered by 
any instrument save one of a pattern approved by the Admiralty. 
Power to com- 3L It shall be lawful for Her Majesty, in all cases whatsoever, 
tSce of ^" instead of causing a sentence of cashiering to be put in execution, 
cashiering. to order the offender to be reprimanded, or, in addition thereto, to 
suffer such loss of army or regimental rank, or both, as may be 
deemed expedient. 
Forfeiture of 32. Any general court-martial may, in addition to any other 
b^^^^te^'^T P^iiii^^^®^^ which such court may award, sentence any offender to 
cooit^^L forfeiture of all advantage as to additional pay, good-conduct pay, 
and to pension on discharge, which might have otherwise accrued 
from the length of his former service, or to forfeiture of such 
advantage absolutely, whether it might have accrued from past 
service, or might accrue from future service, or to forfeiture of any 
annuity and medal which may have been granted for former 
meritorious service, or of the gratuity and medal awarded for 
former good conduct, and of all medals and decorations, according 
to the nature of the case; and any district or garrison court- 
martial may also, in addition to any punishment which such court 
may award, sentence any offender to such forfeiture for desertion, 
or for disgraceful conduct. 

In wilfully maiming or injuring himself or any other marine* 
whether at the instance of such other marine or not, or of 
causing himself to be maimed or injured by any other person, 
with intent thereby to render himself or such other marine 
\mfit for service : 
In wilfully doing any act, or wilfully disobeying any orders, 
whether in hospital or otherwise, thereby producing or aggra- 
vating disease or infirmity, or delaying his cure : 
In malingering or feigning disease : 

In tampering with his eyes, with intent thereby to render him- 
self unfit for service : 
In stealing or embezzling Government property or stores, or in 

receiving the same knowing the same to have been stolen : 
In stealing any money or goods the property of a comrade, of 
a marine officer, or of any marine mess or band, or in re- 
ceiving any such money or goods knowing the same to have 
been stolen : 
In making any £Bblse or fraudulent accounts, returns, matters, or 
entries, or assisting or conniving at the same being made, or 
producing the same as true, knowing the same to be false or 
firaudulent : 
In stealing or embezzling or fraudulently misapplying public 

money intrusted to liim : 
Or in committing any other offence of a felonious or fraudulent 
nature, to the injury of, or with intent to injure, any person, 
civil, marine, or military : 
Or for any other disgraceful c ^nduct, being of a cruel, indecent, or 
unnatural kind 
Forfeiture of 33. Everv marine found guilty by a court-martial of the following 

tionoM^'rton ^^^^^ •— " 

or^feteny? ^° Desertion, wilfully maiming or injuring himself or any other 
marine, whether at the instance of sudi other marine or not. 



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1877. Marine Mutiny. Ch. 8. 77 

or caufiing himself to be maimed or injured by any other 
person, with intent thereby to render himself or such other 
marine unfit for service ; tampering with his eyes with intent 
thereby to render himself unfit for service, such finding having 
been confirmed : 
And every marine who may have been sentenced to penal servi- 
tude, or who has been discharged with ignominy : 
And every marine who has been found guilty of felony in any 
court of ordinary criminal jurisdiction in England or Ireland, 
or of any crime or offence in any court of criminal judicature 
in any part of the United Kingdom, or in any dominion, 
territory, colony, settlement, or island belonging to or occupied 
by Her Majesty out of the United Kingdom, which would, if 
committed in England, amount to felony, if the Ciommissioners 
for executing the office of Lord High Admiral shall so direct : 
shall thereupon forfeit all advantage as to good-conduct pay and 
pension on discharge which might have otherwise accrued from the 
length of his former service : 

Also aU salvage, prize money, and allowances that have been 
earned by him : 

Also all medals and decorations whatsoever which he may be in 
possession of and authorised to wear, together with the annuity or 
gratuity (if any) thereto appertaining. 
And any sergeant reduced to the ranks by sentence of court- 
martial may, by the order of the same court, be made to forfeit 
any annuity or pension, and medal for meritorious service, or 
any or either of them, which may have been conferred upon 
him. 
34. If any non-commissioned officer or marine, by reason of his Forfeiture of 
iniprisonment, whether under sentence of a court-martial or of any P*y ^^«° ^ 
other court duly authorised to pass such sentence, or by reason of ^^*^°®"^®"* * 
his confinement for debt, or by reason of his desertion, or, being an 
apprentice, by reason of his being allowed to serve out his time with 
his master, shall have been absent fi'om his duty during any portion 
of the time limited by his enlistment or re-engagement or prolonga- 
tion of service, as herein-after provided, such portion of his time 
shall not be reckoned as a part of the limited service for which 
such non-commissioned officer or marine was enlisted or re-engaged, 
or for which his time of service may have been prolonged ; and no or during ab- 
mai-ine shall be entitled to pay, or to reckon service towards pay ^?^^ ®° <^™- 
or pension, when in confinement under a sentence of any court, ^SwffL'oHn 
or during any absence from duty by commitment or confinement as arrest for debt; 
a deserter by confession or under any charge of which he shall be 
afterwards convicted, either by court-martial or by any court of 
ordinary criminal jurisdiction, or whilst in confinement for debt ; 
and when any marine shall be absent as a prisoner of war he shall or when pri- 
not be entitled to pay, or to reckon service towards pay or pension, ^^^ o^war; 
for the period of such absence, but upon rejoining Her Majesty's 
service due inquiry shall be made by a coxurt-martial, and unless it 
shall be proved to the satisfaction of such court that the said marine 
was taken prisoner through wilful neglect of duty on his part, or 
that he had served with or under, or in some manner aided, the 
enemy, or that he had not returned as soon as possible to Her 



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78 Ch. 8. Marine Mutiny. 40 Vict. 

Majesty's service, he may thereupon be recommended by such court 
to receive either the whole of such arrears of pay, or a proportion 
or when con- thereof, and to reckon service during his absence ; and any marine 
victed ^^^^' who shall be convicted of desertion, or of absence without leave, 
\vkho^t*eaveT ^^^> ^ addition to any punishment awarded by the court, forfeit 
his pay for the day or days during which he was in a state of 
or when absent desertion, or during his absence without leave ; and if any marine 
without leave, shall absent himself without leave for any period, and shall not 
account for the same to the satisfaction of the commanding officer, 
or if any marine shall be guilty of any other offence which the 
commanding officer may not think necessary to bring before a 
court-martial, the commanding officer may, in addition to any 
minor punishment he is authorised to award, order that such marine 
shall be imprisoned for such period not exceeding one hundred 
and sixty-eight hours, with or without hard labour, and with or 
without solitary confinement, as the said commanding officer may 
think fit, and such marine shall forfeit his pay for any day or days 
on which he may be so imprisoned; and the said commanding 
officer may moreover order that, in addition to or instead of such 
imprisonment and forfeiture, or any other punishment which he has 
authority to inflict^ any marine who shall have so absented himself 
as aforesaid shall forfeit his pay for the day or days during whidi 
he shall have so absented himself ; and, in pursuance of any such 
order as aforesaid, the pay of the marine shall be accordingly 
forfeited : Provided always, that such marine shall not be liable to 
be afterwards tried by a court-martial for any offence for which 
he shall have been so punished, ordered to si^er imprisonment, 
punishment, or forfeiture as last aforesaid : Provided also, that 
any marine who shall be so ordered to suffer imprisonment or 
forfeiture of pay shall, if he so request, have a right to be tried by 
a court-martial for his offence instead of submitting to such im- 
prisonment or forfeiture : Provided also» that it shall be lawful for 
the said Lord High Admiral or the said Commissioners to order 
or withhold the payment of the whole or any part of the pay 
of any officer or marine during the period of absence by any of 
the causes aforesaid. 
Stoppages. 35. In addition to any other punishment which the court may 

award, a court-martial may further direct that any offender may be 
put under stoppages until he shall have made good — 

Any money or articles issued to him in respect to his fraudulent 
enlistment, or by reason of any fraudulent misrepresentation 
or concealment on his part : 
Any loss, disposal of, or damage occasioned by him in any of the 

instances of disgraceful conduct herein specified : 
Any loss, disposal of, or destruction of, or damage or injury to any 
property whatsoever, occasioned by his wilful or negligent 
misconduct: • 
Any loss, disposal of, or destruction of, or damage or injury to, 
his arms, clothing, instruments, equipments, accoutrements, or 
necessaries, or any extra article of clothing or equipment iJiat 
he may have been put in possession of and ordered to wear 
on the recommendation of the surgeon for the benefit of his 
health, or making away with or pawning a^y medal or decora- 



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1877. Marine Mutiny. Ch. 8. 79 

tion for service or for general good condact which may have 
been granted to him by order of Her Majesty or by order of 
the !^ust India Company, or any medal or decoration which 
may have been granted to him by any foreign power, or any 
loss, disposal of, or destruction of, or damage or injury to the 
arms, dothing, instruments, equipments, accoutremeni^i, or 
necessaries of any officer or marine, occasioned by his wilM or 
negligent misconduct: 
Any expense necessarily incuired by his drunkenness or other 
misconduct : 
Provided always, that, except in the case of the loss, disposal of^ 
or destruction of, or damage or injury to arms, clothing, instru- 
ments, equipments, accoutrements, or necessaries, in which case the 
court may by its sentence direct that the said stoppages shall 
continue till the cost of replacing or repairing the same be made 
good, the amount of any loss, disposal, destruction, damage or injury, 
or expense, shall be ascertained by evidence, and the offender shall 
be placed under stoppages for such an amount only as shall be proved 
to the satisfaction of the court : Provided also, that when an offender 
is put under stoppages for making away with or pawning any medal 
or decoration, the amount shall be credited to the public, but the 
medal or decoration in question shall not be replaced, except under 
spedal circumstances, to be determined by the Lord High Admiral 
or the Commissioners for executing the office of Lord High Admiral 
aforesaid : Provided also, that so much only of the pay of the marine 
may be stopped and applied as shall, after satisfying the charges for 
messing and washing, leave him a residue at the least of one penny 
a day. 

36. Whenever any marine shall have been convicted of desertion Discharge with 
or of any such disgraceful conduct as is herein-before described, ignominy. 
and the court in respect of such disgraceful conduct shall have 

made the forfeiture of all claim to pension on discharge a part 
of the sentence passed on such marine, such court may further 
sentence him to be discharged with ignominy from Her Majesty's 
service : Provided always, where an award of any of the forfeitures 
herein-before mentioned, or of deprivation of pay, or of stoppages of 
pay, shall have been added to a sentence of transportation or penal 
servitude, it shall be lawful for the Lord High Admiral or the 
Commissioners for executing the office of Lord High Admiral, or, 
if in the East Indies, for the officer commanding in chief Her 
Majesty's land forces in India, in the event of the sentence of 
transportation or penal servitude being commuted to imprisonment, 
to order such award of forfeiture, deprivation of pay, or stoppages 
of pay to be enforced, mitigated, or remitted as may be deemed 
expioi^ent. 

37. A general or district or garrison court-martial may sentence Power of im- 
any marine to imprisonment, with or without hard labour, and may prisonment by 
also direct that audi offender shall be kept in solitary confinement OT^garriw^^*' 
for any portion or portions of such imprisonment, in no case ex- courts-martlaL 
ceeding foui-teen days at a time, nor eighty-four days in any one 

year, with intervals between the periods of solitary confinement 
of not t§Bs duration than such periods ; and when the imprison- 
ment awarded shall exceed three months^ the court-martial shall 



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80 



Ch. 8. 



MariTie Mutiny. 



40 Vicr. 



Power of im- 
prisonment bj 
divisional or 
detachment 
courtB-martial. 



Imprisonment 
of offender 
already under 
sentence. 



Term and 
place of im- 
prisonment. 



Proviso for 
removal of 
prisoners. 



imperatively order that the solitary confinement shall not exceed 
seven days in any one month of the whole imprisonment awarded, 
with intervals between the periods of solitary confinement of not 
less duration than such periods. 

38. Any divisional or detachment court-martial may sentence 
any marine to imprisonment, with or without hard labour, for any 
period not exceeding forty-two days, and may also direct that such 
marine be kept in solitary confinement for any portion or portions 
of such imprisonment, not exceeding fourteen days at a time, with 
intervals between them of not less duration than such periods of 
solitary confinement : Provided always, that when any court-martial, 
whether general, garrison, or district, or divisional or detachment, 
shall direct that the imprisonment shall be solitary confinement 
only, or when any sentence of corporal punishment shall have been 
commuted to imprisonment only, the period of such solitary confine- 
ment shall in no case exceed fourteen days. 

39. Whenever sentence shall be passed by a court-martial on 
an ofi*ender already under sentence, either of imprisonment or of 
penal servitude, the court may award sentence of imprisonment or 
penal servitude for the offence for which he is under trial to com- 
mence at the expiration of the imprisonment or penal servitude to 
which he shall have been so previously sentenced, although the 
aggregate of the terms of imprisonment or penal servitude respec- 
tively may exceed the term for which either of those punishments 
could be otherwise awarded. 

Whenever Her Majesty, the Lords Commissioners of the Ad- 
miralty, or any general or other officer authorised to confirm the 
sentences of courts-martial, shall commute a sentence of penal 
servitude or corporal punishment to imprisonment, and the 
offender whose sentence shall be so commuted shall at the time of 
such commutation be under sentence of imprisonment or penal 
servitude, it shall be lawful to direct that such commuted sentence 
of imprisonment shall commence at the expiration of the imprison- 
ment or penal servitude to which such prisoner shall have been so 
previously sentenced although the aggregate of the term of im- 
prisonment or penal servitude respectively, may exceed the term 
for which either of those punishments could be otherwise awarded. 

40. Save as herein specially provided, every term of penal ser- 
vitude or imprisonment under the sentence of a court-martial, 
whether original or revised, shall be reckoned as commencing on 
the day on which the original sentence and proceedings shall be 
signed by the president ; and the place of imprisonment under the 
sentences of courts-martial shall be appointed by the court or the 
Lord High Admiral, or the Commissioners for executing the office 
of Lord High Admiral, or the commanding officer of the division 
to which the offender belongs or is attached, or the officer com- 
manding the district, garrison, island, or colony. 

41. In the case of a prisoner undergoing imprisonment under 
sentence of a court-martial, or as part of commuted punishment, 
in any public prison other than a military prison, or in any gaol 
or house of correction or elsewhere, in any part of the United 
Kingdom, it shall be lawful for the said Lord High Admiral, or 
the Commissioners for executing the office of Lord High Admiral, 



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1877. Marine Mutiny. Ch. 8. 81 

for the time being, in all cases, or for the officer who coDfirmed 
the proceedings of the court, or the officer commanding the division 
or the district or garrison in which such prisoner may be, to give, as 
often as occasion may arise, an order in writing directing that the 
prisoner be discharged, or be delivered over to military custody, 
whether for the purpose of being removed to some other prison or 
place in the United Kingdom, tihere to undergo the remainder or 
any part of his sentence, or for the purpose of being brought before 
a court-martial either as a witness or for trial ; and in the case of 
a prisoner undergoing imprisonment imder the sentence of a court- 
martial in any public prison other than a military prison, or in 
any gaol or house of correction, in any part of Her Majesty's 
dominions other than the United Kingdom, it shall be lawful for 
the said Lord High Admiral or the said Commissioners, or for the 
officer commanding the Royal Marines there serving, in the case of 
any such prisoner, to give as often as occasion may arise an order 
in writing directing that the prisoner be discharged, or be delivered 
over to military or other custody, whether for the purpose of being 
removed to some other prison or place in any part of Her Majesty's 
dominions, there to undergo the remainder or any part of his 
sentence^ or for the purpose of being brought before a court-martial 
either as a witness or for trial ; and in the case of any prisoner 
who shall be removed by any such order from any such prison, 
gaol, or house of correction, either within the United Kingdom or 
elsewhere, to some other prison or place, either in the United 
Kingdom or elsewhere, the officer or authorities who gave such 
order shall also give an order in writing directing the governor, 
provost marshal, gaoler, or keeper of such other prison or place to 
receive such prisoner into his custody, and specifying the offence 
of which such prisoner shall have been convicted, and the sentence 
of the court, and the period of imprisonment which he is to undergo, 
and the day and the hour on which he is to be released ; and such 
provemor, provost marshal, gaoler, or keeper shall keep such offender 
in a proper place of confinement, with or without hard labour, and 
with or without solitary confinement, according to the sentence of 
the court, and during the time specified in the said order, or until 
he be duly discharged or delivered over to other custody before 
the expiration of that time under an order duly made for that 
purpose ; and in the case of a prisoner undergoing imprisonment 
under the sentence of a court-martial in any military prison in any 
part of Her Majesty's dominions, the Secretary of State for War, or 
the general officer commanding the district or station in which the 
prison may be situated, shall have the like powers in regard to the 
discharge and delivery over of such prisoners to military or other 
custody as may be lawfully exercised by any of the authorities 
above mentioned in respect of any prisoners undergoing confinement 
as aforesaid in any public prison other than a military prison, or 
in any gaol or house of correction in any part of Her Majesty's 
dominions; and such prisoner in any of the cases herein*before 
mentioned shall accordingly, on the production of any such order as 
is herein-before mentioned, be discharged or delivered over, as the 
case may be : Provided always, that the time during which any 
prisoner under sentence of imprisonment by a court-martial shall be 
[the law hepohts.] F 



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82 



Ch. 8. 



Marine Mvivny. 



40 Vict- 



Cttstody of pri- 
soners under 
military sen- 
tence in oom- 
mon gaols. 



Subsistence of 
prisoners in 
common gaols 



detained in such military or other custody under such order as afore- 
said shall be reckoned as imprisonment under the sentenoe, for what- 
ever purpose such detention shall take place, and such prisoner may 
during such time, either when on board ship or otherwise, be 
subje^ed to such restraint as is necessary for his detention and 
removal. 

42. Every governor, provost marshal, gaoler, or keeper of any 
public prison, or of any gaol or house of correction, in any part of 
Her Majesty's dominions, shall receive into his custody any military 
offender under sentence of imprisonment by a general or other 
court-martial, upon delivery to him of an order in writing in that 
behalf from the Lord High Admiral, or the Commissioners for 
executing the office of Lord High Admiral, or from the officer 
commanding the division or detachment to which the offender 
belongs or did last belong or is attached, which order shall specify 
the period of imprisonment or remainder of imprisonment whidi 
the offender is to undergo, and the day and hour of the day on 
which he is to be released or be otherwise disposed of; and such 
governor, provost marshal, gaoler, or keeper shall keep such offender 
in a proper place of confinement, with or without hard labour, and 
with or without solitary confinement, according to the sentence of 
the court, and during the time specified in the said order, or until 
he be discharged or delivered over to other custody before the 
expiration of that time, under an order duly made for that purpose ; 
and every governor, provost marshal, gaoler, or keeper of any public 
prison, gaol, house of correction, lock-up house, or other place of 
confinement, shall receive into his custody any marine for a period 
not exceeding seven days, upon delivery to him of an order in 
writing in that behalf from the officer commanding such marine. 

43. The gaoler or keeper of any public prison, gaol, house of 
correction, lock-up house, or other place of confinement in any 
part of Her Majesty's dominions shall diet and supply every mariDe 
imprisoned therein under the sentence of a court-martial or as a 
deserter with fuel and other necessaries according to the regulations 
of such place of confinement, and shall receive on account of every 
marine during the period of his imprisonment one shilling per diem 
or such other sum as the said Lord High Admiral or the said 
Commissioners may at any time or times direct, which the Secre- 
tary of the Admiralty shall cause to be issued out of the subsistence 
of such marine, upon application in writing signed by any justice 
within whose jurisdiction such place of con&iement shall be locally 
situated, together with a copy of the order of commitment, and 
which sum of one shilling per diem, or such other sum as aforesaid, 
shall be carried to the credit of the fund from which the expense 
of such place of confinement is defrayed. A sentence of imprison- 
ment or of penal servitude passed either by a court-martial or by 
any court of criminal jurisdiction upon any person subject to Htns 
Act shall be in no respect affected by such person ceasing to be 
subject to this Act by discharge or otherwise at any time lafter the 
passing of such sentence ; but the discharge of such person shall not 
be deemed in any manner to affect the provisions for the cost of his 
maintenance while undergoing a sentence of imprisonment or penal 
servitude, as otherwise enacted. 



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1877. Marine Mutiny. Ch. 8. 83 

44. Every gaoler or keeper of any public prison, gaol^ bouse of Notice to be 
correction, or other place of confinement, to whom any notice shall given of ex- 
have been given, or who shall have reason to know or believe, that piS^ent*b" 
any person in his custody for any debt or contempt, or upon any oommon gaolA. 
charge or for any offence, civil, criminal, or military, is a marine, 
shall on receiving him into custody give notice thereof to the 
Secretary of the Admiralty, and also, previous to the expiration of 
the period of the confinement or imprisonment of such marine, give 
to the Secretary of the Admiralty one month's notice of the period 
of ;3uch expiration of confinement or imprisonment^ or if there shall 
not be sufficient time for a month's notice, then the longest practi- 
cable notice thereof, specifying the day and hour of the day on and 
at which he is to be released ; and for every default of giving either 
or any of such notices such gaoler or person shall forfeit the sum of 
twenty pounds ; and moreover every gaoler or other person having 
such immediate inspection as aforesaid shall, as soon as any such 
marine shall be entitled to be discharged out of custody, with all 
convenient speed, safely and securely conduct and convey and safely 
and securely deliver every such marine either unto the officer com- 
manding at the nearest head quarters of the Royal Marines or to 
the officer commanding Her Majesty's ship to which any such 
marine may happen to belong, unless the said Commissioners shall, 
by writing under the hand of the Secretary of the Admiralty, or 
the officer commanding at the nearest head quarters of the Royal 
Marines, or the officer commanding Her Majesty's ship to which 
any such marine may belong, shaSi, by writing under Ms hand, 
direct that such marine be delivered to some other officer or person, 
in which case he shall be delivered to such other officer or person 
accordingly, and the officer or person to whom such marine shall 
be so delivered in accordance with this Act shall thereupon give 
to such gaoler or person delivering up such marine a certificate, 
directed to the Secretary of the Admiralty, specifying the receipt 
of such marine, and, if such gaoler or other person as aforesaid has 
conducted or conveyed any such marine, specifying the place from 
and to which he shall have been conducted and conveyed as afore- 
said; and such gaoler or person who shall have so conducted, 
conveyed, and delivered any such marine shall, upon the production 
of sndh certificate, be entitled to receive of and from the Accountant 
General of Her Majesty's Navy the sum of one shilling per mile, 
and no more, for conductiug, conveying, and delivering any such 
noarine as aforesaid ; and every such gaoler or other person having 
such immediate inspection as aforesaid who shall not safely and 
securely conduct, convey, or deliver any such marine as aforesaid 
shall for every such misconduct or offence forfeit and pay the sum 
of one hundred pounds. In all cases where the marine in custody 
is under sentence to be discharged from the service on the com- 
pletion of his term of imprisonment, and the discharge document 
is in the hands of the gaoler, such gaoler shall not be required to 
make any report thereof to the Secretary of the Admiralty or to 
the Deputy Adjutant General of Marines. 

46. Every military prison which shall be established under or Military pri- 
by virtue of any Act for punishing mutiny and desertion, and for ^l^^^^^ 
the better payment of the army and their quarters, shall be deemed for pimishing 

F 2 



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84 

mutiny and 
desertion in 
the annj to be 
deemed public 
prisons. 



Musters, and 
penalty on 
false musters. 



Ch. 8. 



Marine Mutiny, 



40 Vict. 



Verifying of 
muster rolls. 



Trials for 
desertion after 
subsequent 
re-enlistment 



Apprehension 
of deserters. 



to be public prisons within the meaning of any Act now in force 
or hereafter to be in force for the regulation of Her Majesty's Royal 
Marine forces ; and any officer or marine convicted by a court-martial 
may be sent, by order of the Commissioners for executing the office 
of Lord High Admiral, to any such military prison, there to undergo * 
such punishment as may be awarded by the sentence passed upon him, 
or until he be discharged or delivered up by an order, as in the case 
of a discharge or removal from any other prison under this Act. 

46. Musters, as have been customary, shall be taken of every 
division or company of Royal Marines once in every calendar 
month, as shall be appointed ; and no officer or marine shall be 
absent from any such muster^ unless duly certified to be employed 
on some other duty of the corps, or sick, or in prison, or on furlough ; 
and every person belonging to Her Majesty's service who shall give 
or procure to be given any untrue certificate thereby to excuse any 
person from any muster or other service which he ought to attend 
or perform, or shall make any false or untrue muster of man or 
horse, or who shall willingly allow or sign any false muster or 
duplicate thereof, or shall directly or indirectly take or receive any 
money or gratuity for mustering any person, or for signing any 
muster roll or duplicate, or shall knowingly muster any person by 
a wrong name, shall, upon proof by two witnesses before a general 
court-martial, for any such offence be sentenced to be cashiered : 
Provided that it shall be lawful for Her Majasty, in all cases what- 
soever, instead of causing a sentence of cashiering to be put in exe- 
cution, to order the offender to be reprimanded, or, in addition 
thereto, to suffer such loss of rank as may be deemed expedient ; 
and any person who shall fraudulently offer or procure himself to 
be falsely mustered, or lend or furnish any borse to be falsely 
mustered, shall, upon proof thereof by the oaths of two witnesses 
before some justice of the peace residing near to the place where 
such muster shall be made, forfeit the sum of twenty pounds, and 
the informer, if he belongs to Her Majesty's service, shall, if he 
demand it, be forthwith discharged ; and if any person not belonging 
to Her Majesty's service shall give or sign any untrue certificate of 
illness or otherwise in order to excuse any officer or marine from 
appearance at any muster, or whereby Her Majesty's service may 
be defrauded, every person so offending shall for every such offence 
forfeit the sum of fifty pounds. 

47. All muster rolls and pay lists of Royal Marines required to 
be verified upon oath shall be sworn before and attested by any 
justice of the peace, without fee or reward to himself or his clerk. 

48. Every marine shall be liable te be tried and punished for 
desertion from any corps inte which he may have unlawfully 
enlisted, although he may of right belong te another corps, and be 
a deserter therefrom ; and whether such marine shall be tried for 
deserting from the corps to which he may of right belong, or from 
the corps into which he may have unlawfully enlisted, or for any 
other desertion, every desertion previous or subsequent to that for 
which he may at the time be taking his trial may, if duly stated 
in the charges, be given in evidence against him on such trial. 

49. Upon reasonable suspicion that a person is a deserter, it 
shall be lawful for any constable or other person te apprehend him. 



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1877. Marim Mutiny. Ch.8. 85 

and forthwith brinff him before a justice acting for any county, 
district, city, borough, or place wherein or near to wliich the place 
in which he was apprehended is situate ; and the justice shall deal 
with the suspected deserter as if he were brought before him by 
warrant in accordance with the provisions of an Act psissed in the 
eleventh and twelfth years of Her present Majesty, chapter forty- 
two, section twenty-one ; and upon its appearing to the justice by 
the testimony of one or more witnesses tieiken upon oath, or by the 
confession of such suspected person, that the accused is a deserter, 
he shall cause him to be conveyed to the head quarters of the 
division or dep6t to which he may appear to belong, or to the 
nearest or most convenient military or police station, or other 
place legally provided for the confinement of persons in custody, 
or delivered up to a party of marines in charge of a non-commis- 
sioned oflGlcer, as to the justice may seem most expedient, having 
regard to the safe custody of sudi suspected deserter ; and the 
justice shall make a report to the Secretary of the Admiralty of 
the persons through whom or by whose means the deserter was 
appiBhended or secured ; and for such information, commitment, 
and report the gaoler or other person into whose custody the 
accused is committed shall pay at the time of commitment to the 
derk to the justice the sum of two shillings ; and the Secretary of 
the Admiralty, upon receipt of a report of the same, together with 
a copy of the commitment, shall cause such sum to be repaid to 
such gaoler or other person so entitled ; and upon the report of a 
justice as aforesaid, the Secretary of the Admiralty shall cause to 
be paid to the person or persons by whom or through whose means 
it shall appear to his satisfaction that the deserter was apprehended 
and secured a sum not exceeding forty shillings ; and the justice 
shall in every case transmit to the Secretary of the Admiralty a 
descriptive return in the form prescribed in the schedule to this 
Act annexed ; and a return purporting to be so made shall be 
evidence of the facts and matters therein stated : Provided always, Transfer of 
that any such person so committed as a deserter in any part of Her deserters, 
^jcsty's dominions shall, subject to the provisions herein-afler 
contained, be liable to be transferred, by order of the colonel com- 
mandant or other officer commanding, to serve in any division, 
corps, detachment, or party nearest to the place where he shall 
have been apprehended, or to any other division, corps, detach- 
ment, or party to which the Lord High Admiral or the Commis- 
sioners for executing the office of Lord High Admiral may deem 
it desirable that he should be transferred, and shall also be liable 
after such transfer of service to be tried and punished as a deserter. 

50. Every gaoler or keeper of any public prison, gaol, house Temporary 
of correction, lock-up house, or other place of confinement in any custody of 
part of Her Majesty's dominions is hereby required to receive and ^^S^" *° 
confine therein every deserter who shall be delivered into his 
custody by any marine or other person conv.ying such deserter 
under lawful authority, on production of the warrant of the justice 
of the peace on which such deserter shall have been taken, or 
some order from the Admiralty, which order shall continue in force 
until the deserter shall have arrived at his destination ; and such 
gaoler or keeper shall be entitled to one shilling for the safe custody 



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86 Ch. 8. MarvM Mutiny. 40 Vicr. 

of the said deserter while halted on the mareh^ and to such sub- 
sistence for his maintenance as shall be directed by the said Lord 
High Admiral or the said Commissioners. 
Fraudulent 51. Any person who, while serving in Her Majesty's Navy or in 

confesaion of a^y of fler Majesty's forces, or the embodied mUitia, shall to any 
deacrtioii. officer, or subordinate, warrant, petty, or non-commissioned officer, 
fraudulently confess himself to be a deserter from Her Majesty's 
Royal Marine forces, shall be liable to be tried by any court-martial 
under this Act, and punished according to the senteDce thereof; 
and any person who shall voluntarily deliver himself up as and 
confess himself to be a deserter from Her Majesty's Royal Marine 
forces, or who, upon being apprehended for any offence, shall in 
the presence of the justice confess himself to be a deserter as afore- 
said, shall be deem^ to have been duly enlisted and to be a marine, 
and shall be liable to serve in Her Majesty's Royal Marine forces, 
whether such person shall have been ever actually enlisted as a 
marine or not ; or in case such person shall not be a deserter from 
the Royal Marine forces, or shall have been discharged therefrom 
or from any other corps for any cause whatever, or shall be in- 
capable of sei'vice, he shall, on conviction thereof before two 
justices of the peace at or near the place where he shall deliver 
himself up or confess, or where he may at any time happen to be, 
be adjudged to be punished, if in England, as a rogue and vagabond, 
and if elsewhere by commitment to some prison or house of cor- 
rection, there to be kept to hard labour for any time not exceeding 
three months, or shall be deemed guilty of obtaining money under 
false pretences within the trae intent and meaning, if in England 
or Ireland, of an Act passed in the session holden in the twenty- 
24 & 25 Vict, fourth and twenty-fifth years of Queen Victoria, intituled " An Act 
c. 96. a ^ consolidate and amend the Statute Law of England and 

'^ Ireland relating to Larceny and other similar offences," or, if in 
Scotland, shall be deemed guilty of fSalsehood, fraud, and wilful im- 
position ; and every person so deemed to be guilty of obtaining 
money under false pretences, or of falsehood, fraud, and wilful 
imposition, (as the case may be,) shall be liable to be proceeded 
against and punished accordmgly ; and the confession and receiving 
subsistence as a marine by such person shall be evidence of the 
false pretence, or of the fiedsehood, fraud, and imposition, (as the 
case may be,) and of the obtaining money to the amount of the 
value of such subsistence, and the value of such subsistence so 
obtained may be charged in the indictment as so much money 
received by such person ; and in case such person shall have been 
previously convicted of the like offence, or shall have been sum- 
marily convicted and punished in England as a rogue and vaga- 
bond, or in Scotland or Ireland by commitment^ for mftlciTig a 
fraudulent confession of desertion, such former conviction may be 
alleged in the indictment, and may be proved upon the trial of 
such person ; and in such indictment for a second offence it shall 
be sufficient to state that the offender was at a certain time and 
place convicted of obtaining money under false pretences as a de- 
serter, for making a fraudulent confession of desertion, without 
otherwise describing the said offence ; and a certificate containing 
the substance and effect only (omitting the formal part) of the 



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1877. Marine Mutiny. Ch. 8. 87 

indictment and conviction of the former ofiencCj purporting to be 
signed by the clerk of the court or other officer having the custody 
of the record of the court where the offender wag first convicted, or 
by the deputy of such derk, or by the derk of the convicting 
magistrates, shall, upon proof of the identity of the person of the 
offender, be sufficient evidence of the first conviction, without proof 
of the signature or official character of the person appearing to have 
signed such certificate ; and if the person so confessing himself to 
be a deserter shall be serving at the time in Her Majesty's Royal 
Marine forces he shall be deemed to be and shall be dealt with by 
all justices and gaolers as a deserter. 

52. Any person who shall, in any part of Her Majesty's domi- Pamshment 
nions by any means whatsoever, directly or indirectly procure any ^[^"^^* 
marine to desert or absent himself firom his duty without leave desert. 
from his commanding officer, or attempt to procure or persuade 

any marine to desert or absent himself from his duty, and any 
person who, knowing that any marine is absent from his duty 
without leave from his commanding officer, shall harbour or conceal 
Buch marine, or aid or assist such marine in concealing himself, or 
aid and assist in his rescue, or aid or assist him to desert, shall be 
deemed guilty of a misdemeanor, and shall, on conviction thereof 
before any two justices acting for the county, district, city, burgh, 
or place where any such offender shall at any time happen to be, 
be Uable to be committed to the common gaol or house of cor- 
rection, there to be imprisoned, with or without hard labour, for 
such term not exceeding six calendar months as the convicting 
justices shall think fit. 

53. When there shall not be any officer of Her Majesty's land Bztension of 
or marine forces of the rank of captain or of a superior rank, or ^mI^^^^^S 
any adjutant of militia, within convenient distance of the place ness. 
where any non-commissioned officer or marine, not borne on the 

books of any of Her Majesty's ships or vessels in commission as 
aforesaid, and who shall be on frirlough, shall be detained by sick- 
ness or other casualty rendering necessary an extension of such 
furlough, it shall be lawful for any justice who shall be satisfied of 
such necessity to grant an extension of furlough for a period not 
exceeding one month ; and the said justice shall immediately certify 
such extension, and the cause thereof, to the commanding officer 
of the division or detachment to which the man belongs, if known, 
and if not, then to the Secretary of the Admiralty, in order that 
the necessary allowance of pay and subsistence may be remitted to 
the marine, who shall not during the period of such extension of 
furlough be liable to be treated as a deserter : Provided always, 
that nothing herein contained shall be construed , to exempt any 
marine from trial and punishment according to the provisions of 
this Act for any false representation made by him in that behalf 
to the said officer or justice so extending the furlough, or for any 
breach of discipline committed by him in applying for and ob- 
taining the said extension of furlough. 

54. Any person enlisted into Her Majesty's Royal Marine forces Marines liable 
as a marine, or who has received marine enlistment money, shall *® ^^^ 
be liable to be taken out of Her Majesty's service only by process Majesty'raer- 
or execution on account of any charge of felony, or on account of vice onij for 



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88 

felony and 
certain misde- 
meanors, or for 
debts amount- 
ing to SO/, and 
upwards ; 



C3h. 8. 



. Marine Mutiny, 



40 TiCT. 



but not liable 
to be taken 
out of Her 
Majesty's ser- 
vice for debts 
under 80/., or 
for breach of 
contract. 



Officers not to 
be sheriffs, 
mayors, &c. 



misdemeanor, or of any crime or offence other than the misdemeanor 
of refusing to comply with an order of justices for the payment 
of money, or on account of an original debt proved hy affidavit 
of the plaintiff or of some one on his behalf to amount to the value 
of thirty pounds at the least over and above all costs of suit, 
such affidavit to be sworn, without payment of any fee, before 
some judge of the court out of which process or execution shall 
issue, or before some person authorised to take affidavits in such 
court, of which affidavit, when duly filed in such court, a memo^ 
randum shall, without fee, be endorsed upon the back of such 
process, stating the fact sworn to, and the day of filing such affi- 
davit ; but no marine or other person as aforesaid shcdl be liable 
by any process whatever to appear before any justice of the peace 
or other authority whatsoever, or to be taken out of Her Majesty's 
service by any writ, summons, order, warrant, judgment, exe- 
cution, or any process whatever issued by or by the authority of 
any court of law, or any magistrate, justice or justices of the peace, 
or any other authority whatsoever, for any original debt not 
amounting to thirty pounds, or for the breach of any contract^ 
covenant, agi*eement, or other engagement whatever, by parol or 
in writing, or for having left or deserted his employer or master, 
or his contract, work, or labour; and all summonses, warrants, 
commitments, indictments, convictions, judgments, and Eentences, 
on account of any of the matters for which it is herein declared 
that a marine is not liable to be taken out of Her Majesty's service, 
shall be utterly illegal, and null and void to all intents and pur- 
poses ; and any judge of any such court may examine into any 
complaint made by a marine or by his superior officer, and by 
wai'rant under his hand discharge such marine, without fee, he 
being shown to have been arrested contrary to the intent of this 
Act, and shall award reasonable costs to such complainant, who 
shall have for the recovery thereof the like remedy as would have 
been applicable to the recovery of any costs which might have been 
awarded against the complainant in any judgment or execution 
as aforesaid, or a writ of Habeas corpus ad subjiciendum shall be 
awarded or issued, and the discharge of any such marine out of 
custody shall be ordered thereupon ; provided that any plaintiff, 
upon notice of the cause of action first given in writing to any 
marine or left at his last quarters, may proceed in anj' action or 
suit to judgment, and have execution other than against the body 
or marine necessaries or equipments of such marine : Provided also, 
that nothing herein contained relating to the leaving or deserting 
a master or employer, or to the breach of any contract, agreement, 
or engagement, shall apply to persons who shall be really and bon& 
fide apprentices duly bound under the age of twenty-one years, as 
herein prescribed. 

55. No person who shall be commissioned and in full pay as an 
officer in the Royal Marine forces, or who shall be employed in 
enlisting for such forces, shall be capable of being nominated or 
elected to be sheriff, and no such officer and no non-commissioned 
officer of such forces shall be capable of being nominated or elected 
to be a constable, or overseer, guardian of any union, or any officer 
of a like description, of any county, hundred, riding, city, borough. 



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1877. .Marme Mutiny. Ch. 8. 89 

town, division, parish, or other place, or to be mayor, portreeve, 
alderman, or to hold any office in any municipal corporation in 
any city, borough, or place in Great Britain or Ireland, or be sum* 
moned or shall serve as a grand or petit or other juror or upon any 
inquest, and any sununons for him to attend to serve as a grand or 
petit or other juror or upon an inquest shall be null and void ; and 
every such person is hereby exempted from attendance and service 
in accordance with any such summons, and from all fines, pains, and 
penalties for or in consequence of not attending or serving as aforesaid. 

56. Every person authorised to enlist recruits for the Royal Questions 
Marines shall first ask the person offering to enlist whether he ^ ^.p»t to 
belongs to any and what force in Her Majesty's service, and also such ^^^^ 
other questions as the said Lord High Admiral or the said Commis- 
sioners may direct to be put to such persons, and in case of a recruit 

shall, immediately after giving him enlisting money, serve him with 
a notice in the form set forth in the schedule to this Act annexed. 

57. Every person who shall receive enlisting money in manner Becmits when 
aforesaid shall upon such receipt be deemed to be enlisted as a deemed to be 
marine in Her Majesty^s service, and while he shall remain with ® "*^ 
the recruiting party shall be entitled to be billeted. 

58. Every person so enlisted as aforesaid shall within ninety-six When recruitg 
hours (any intervening Sunday, Christmas Day, or Good Friday not ^ ^ *?^®? ^® 
included), but not sooner than twenty-four hours after such enlist- ^'^ * J'****^®- 
ment, appear, together with some person employed in the recruiting 

service, before a justice of the peace, not being an oflBicer of the 
marines, for the purpose of being attested as a marine, or of object- 
ing to his enlistment. 

59. When a recruit, upon appearing before a justice for the Dissent and 
purposes aforesaid, shall dissent from or object to his enlistment, ^^^^^^ 
and shall satisfy the justice that the same, was effected in any *" ^ 
respect irregularly, he shall forthwith discharge the recruit abso- 
lutely, and shall report such discharge to the commandant of the 
division for which the marine shall have enlisted ; but if the recruit 

so dissenting shall not allege or shall not satisfy the justice that 
the enlistment was effected irregularly, nevertheless upon repay- 
ment of the enlisting money and of any sum received by him in 
respect of pay or allowances, and of a further sum of twenty 
shillings as smart money, he shall be entitled to be discharged; 
and the sum paid by such recruit upon his discharge shall be kept 
by the justice, and, after deducting therefrom one shilling as the 
fee for reporting the payment to the Secretary of the Admiralty 
and to the recruiting officer, shall be paid over to any person be- 
longing to the recruiting party who may demand the same ; and 
the justice who shall disdiarge any recruit shall in every case give 
a certificate thereof, signed with his hand, to the recruit, specifying 
the cause thereof. 

60. If the recruit on appearing before a justice shall not dissent Attesting of 
from his enlistment, or dissenting shall within twenty- four hours '*<^""*«* 
return and state that he is unable to pay the sums mentioned in 

the last section, he shall be attested as follows : the justice, or some 
person deputed by him, shall read to the recruit the questions set 
forth in the form of attestation which the Lord High Admiral, or 
the Commissioners for executing the office of Lord High Admiral, 



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90 



Ch. a 



MariTie Mutiny. 



40 Vict. 



Recmita until 
they hare been 
attested or 
received pay 
not triable by 
court-martialy 
but in certain 
cases punish- 
able as rogues 
and vagabonds. 



Attested re- 
cruits triable 
in some cases 
either before 
two justices 
or before a 
court-martial. 



shall have ordered to be used, cautioning him that if he fraudu- 
lently make any false answer thereto he shall be liable to be 
punished as a rogue and vagabond, and the answers of the recniit 
shall be recorded opposite to the said questions, and the justice 
shall require the recruit to make and sign the declaration in the 
said form, and shall then administer to him the oath of allegiance 
in the said form ; and when the recruit shall have signed the said 
declaration and taken the oath, the justice shall attest the same by 
his signature, and shall deliver to the recruiting officer the decla- 
ration so signed and attested ; and if the recruit shall make a 
wilfully £Bilse answer to any such question, he shall be liable to be 
punished as a rogue and a vagabond ; and the fee for such attesta- 
tion, including the declaration and oath, shall be one shilling and 
no more ; and any recruit shall, if he so wish, be furnished with a 
certified copy of tiie above-mentioned declaration by the officer who 
finally approved of him for the service. 

61. No recruit, imless he shall have been attested or shall have 
received pay other than enlisting money, shall be liable to be tried 
by court-martial ; but if any person, previously to his being attested 
or enrolled, shall by means of any fiJse answer obtain enlistment 
or other money, or shall make any fedse statement in his declara- 
tion, or shall refase to answer any question duly authorised to be 
put to him for the purpose of filling up such declaration, or shall 
refuse or neglect to go before a justice for the purposes aforesaid, 
or having in the case of a recruit dissented from his enlistment 
shall wilfully omit to return and pay such money as aforesaid, in 
any of such cases it shall be lawful for any two justices within the 
United Kingdom, or for any one justice out of the United King- 
dom, acting for the county, district, city, burgh, or place where any 
such person shall at any time happen to be, when he shall be 
brought before them or him, either to attest such recruit as a 
marine, or to sentence him to be imprisoned with hard labour in 
any prison or house of correction for any period not exceeding 
three calendar months. And any marine who shall have given 
any false answer at the time of or relative to his becoming a 
marine shall forfeit all pay, wages, and other moneys, be the same 
naval, marine, or otherwise, which he might otherwise have been 
entitled to for any period of service in the Royal Marines. 

62. Any person who shall have been attested or enrolled, and 
who shall afterwards be discovered to have given any wilfully false 
answer to any question directed to be put by the proper authorities, 
or shall have made any wilfully false statement in the declaration 
herein-before mentioned, shall be liable, at the discretion of the said 
Lord High Admiral or the said Commissioners, to be proceeded 
against before two justices in the manner herein-before mentioned^ 
and by them sentenced accordingly, or to be tried by a district or 
garrison court-martial for the same, and punished in such manner 
as such court shall direct, and the declaration purporting to be 
made by such person on his attestation or enrolment, in accordance 
with the schedule to this Act annexed, or with the regulations of 
the said Lord High Admiral or the said Commissioners, shall, in 
the absence of proof to the contrary, be deemed sufficient evidence, 
whether before such justice or justices, or before any court-martial. 



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1877. Miirine Mutiny. Ch. & 91 

of such person having represented the several particulars as stated 
in such declaration. 

A letter purporting to be signed by or on behalf of the Lords of 
the Admiralty, or the commanding officer of the ship, corps, or 
regiment to which such person shall appear to have belonged, shall 
on any trial be evidence of the facts stated therein in relation to 
the service or discharge of such person. 

63. If any recruit shall abscond so that it is not possible imme- Recruits 
diately to apprehend and bring him before a justice for attestation, al>«co°^g» 
the recruiting party shall produce to the justice before whom the 

recruit ought regularly to have been brought for that purpose a cer* 
tificate of the name and place of residence and description of such 
recruit, and of his having absconded, and shall declare the same to 
be true, and the justice to whom such certificate shall be produced 
shall transmit a duplicate thereof to the Secretary of the Admiralty 
in order that the same may appear in the '' Police Qazette/' For 
the purposes of this section and all purposes of attestation and 
enlistment a justice of any county or borough shall be deemed to be 
a justice of any other county or borough. 

64. K any man while belonging to any regiment or corps, the As to militia, 
regular reserve, or auxiliary forces, shall, without being discharged ™^ ®^**°^ 
by the proper authorities, thereupon enlist in and be attested for forcw? *' 
Her Majesty's Royal Marines, he shall be liable to be tried before 

a court-martial on a charge for desertion ; but it shall be lawful for 
the Secretary of State fgr the War Department to give such general 
directions as may from time to time appear to him necessary for 
placing any man who confesses himself to be a militiaman under 
stoppage of one penny a day of his pay for eighteen calendar 
months, in lieu of his being tried by court-martial, and in case such 
militiaman shall have belonged to the militia reserve at the time of 
his attestation he shall be subjected to a further stoppage of one 
penny a day for two hundred and forty days, to be applied ss the 
Secretary of State for War shall direct, and further to determine 
whether such man shall be returned to his militia regiment after 
such sum shall have been made good, or shall be deemed to be a 
marine in the same manner as he would have been if he had not 
been a militiaman at the time of his attestation : Provided also, that 
every soldier who, while belonging to a militia regiment, enlisted in 
Her Majesty's Royal Marines, whether such enlistment took place 
before or after the passing of the Mutiny Act, 1860, shall reckon 
service towards the performance of his limited engagement from 
the date of his attestation: Provided also, that any such soldier 
shall not reckon service for pension until the day on which his 
engagement for the militia would have expired ; but if any such 
soldier shall, subsequently to his enlistment, have rendered long, 
faithful, or gallant service, the Lords Commissioners of the Admi- 
ralty may, upon the special recommendation of the Deputy Adjutant 
General, Royal Marines, order that he may reckon service for 
pension from the date of his attestation. 

65. If any non-commissioned oflBicer of the volunteer permanent Volunteer per- 
staff shall enlist into the Royal Marines, he may be tried and manent staff 
punished as a deserter, but if he confesses his desertion the Secre- Ust^^iSo 
tary of State for War, instead of causing him to be tried and regular forces. 

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92 Ch. 8. Marine Mutiny. 40 Vict. 

punished as a deserter, may cause him to be returned to bis service 
on the volunteer permanent staff, to be there put under stoppages 
from his pay until he has repaid the amount of any bounty received 
by him, and the expenses attending his enlistment, and also the 
value of any arms, &c. issued to him while on the volunteer per- 
manent staff, and not duly delivered up by him, or may cause him 
to be held to his service in the Royal Marines with a direction, if it 
seems fit, that his term of service therein shall not be reckoned for 
pension until the time when his engagement on the volunteer per- 
manent staff would have expired, and may further cause him to be 
put under stoppages of one penny a day of his pay until he has 
repaid the expense attending his engagement or attestation on the 
volunteer permanent staff, and also the value of any arms, clothing, 
or appointments issued to him while on the volunteer permanent 
staff, and not duly delivered up by him. 
Penalty on 66. Every person subject to this Act who shall wilfully act 

penons offend- contrary to any of its provisions in any matter relating to the en- 
iSment ^ listing or attesting of recruits for Her Majesty's service shall be 
liable to be tried for such offence by a general or other court- 
martial, and to be sentenced to such punishment, other than death 
or penal servitude, as such court may award 
As to re-en- 67. It shall be lawful for any justice of the peace or person 

listmentabroad. exercising the office of a magistrate within any of Her Majesty's 
dominions abroad, or for the officer commanding any ship or ve^ 
of Her Majesty on the books of which any marine may be borne, or 
on board of which any such marine may be, or, notwithstanding 
anything in this Act contained, for the commanding officer of any 
battalion or detachment of Royal Marines, whether borne on the 
books of any one of Her Majesty's ships or otherwise, to re-engage 
or enlist and attest out of Qreat Britain or Ireland any marine 
desirous of i-e-enlisting or re-engaging into Her Majesty's Boyal 
Marine forces, if such marine be considered by such commanding 
officer, justice, or magistrate a fit person to continue in Her Majesty's 
service ; and every such commanding officer, justice, or magistrate 
shall have the same powers in that behalf as are by this or any other 
Act of Parliament given to justices of the peace in the United Elingdom 
for all such purposes of enlistment and attestation, and any marine 
so re-enlisted or re-engaged shall be deemed to be an attested marine. 
Apprentices 68. Any person duly bound as an apprentice who shall enlist 

SSle to l^rve ^"^ ^®^ Majesty's Royal Marine forces, and shaU falsely state to 
after the ezpi- the magistrate before whom he shall be carried and attested that he 
ration of their is not an apprentice, shall be deemed guilty of obtaining money 
apprenticeship. ^^ f^^ pretences, if in England or in Ireland, and of falsehood, 
firaud, and wilful imposition, if in Scotland, and shall after the ex- 
piration of his apprenticeship, whether he shall have been so con- 
victed and punished or not, be liable to serve as a marine according 
to the terms of the enlistment, and if on the expiration of his 
apprenticeship he shall not deliver himself up to some officer autho- 
rised to receive recruits, such person may be taken as a deserter 
from Her Majesty's Royal Marine forces. 
Claims of 69. No master shall be entitled to claim an apprentice who shall 

masters to enlist as a marine in Her Majesty's service unless such master shall, 
apprentices. ^i(jijin q^q calendar month next after such apprentice shall have 



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1877. Marine Mutiny. Ch. 8. 93 

left his service, go before some justice, and take the oath mentioned 
in the schedule to this Act annexed, and at the time of making his 
claim produce to the officer under whose command the recruit shall 
be the certificate of such justice of his having taken such oath, 
which certificate such justice is required to give in the form in the 
schedule to this Act annexed ; nor unless such apprentice shall have 
been bound, if in England, for the full term of five years, (not 
having been above the age of fourteen years when so bound,) and 
if in Ireland or in the British Isles, for the full term of five years at 
the least, (not having been above the age of sixteen when so bound,) 
and if in Scotland, for the full term at least of four years, by a 
regular contract or indenture of apprenticeship, duly extended, 
signed, and tested, and binding on both parties by the law of 
Scotland prior to the period of enlistment, and unless such contract 
or indenture in Scotland shall, within three months after the com- 
mencement of the apprenticeship and before the period of enlist- 
ment, have been produced to a justice of the peace of the county 
in Scotland wherein the parties reside, and there shall have been 
endorsed thereon by such justice a certificate or declaration signed 
by him specifjring the date when and the person by whom such 
contract or indenture shall have been so produced, which certificate 
or declaration such justice of the peace is hereby required to endorse 
and sign ; nor unless any such apprentice shall, when claimed by 
such master, be under twenty-one years of age : Provided always, 
that any master of an apprentice indentured for the sea service 
shall be entitled to claim and recover him in the form and manner 
above directed, notwithstanding such apprentice may have been 
bound for a less term than five or four years as aforesaid : Provided 
also, that any such master who shall give up the indentures of ap- 
prenticeship within one month after the enlisting of such apprentice 
shall be entitled to receive, to his own use, so much of the bounty 
payable to such recruit as shall not have been paid to such recruit 
before notice given of his being an apprentice. 

70. No apprentice claimed by his master shall be taken from No apprentice 
any division, detachment, recruiting party, or ship of Her Majesty, ^^™®^J?^„^® 
except under a warrant of a justice residing near and withm whose ^aken away 
jurisdiction such apprentice shall then happen to be, and before without a war^ 
whom he shall be carried ; and such justice shall inquire into the '*°*- 
matter upon oath (which oath he is hereby empowered to admi- 
nister), and shall require the production and proof of the indenture, 
and that notice of the said warrant has been given to the com- 
manding oflBicer, and a copy thereof left with some officer or non- 
commissioned officer of the party, and that such person so enlisted 
declared that he was no apprentice ; and such justice, if required by Panishment 
such officer or non-commissioned officer, shall conmiit the offender ^!j2ti*'®"*^^** 
to the common gaol of the county, division, or place for which such ® ^' 
justice is acting, and shall keep the indenture to be produced when 
required, and shall bind over such person as he may think proper to 
give evidence against the offender, who shall be tried at the next or 
at the sessions immediately succeeding the next general or quarter 
sessions of such county, division, or place, unless the court shall for 
just cause put off the trial ; and the production of the indenture, 
with the certificate of the justice that the same was proved, shall 



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94 



Ch. 8. 



Marine Mutiny. 



40 Vict. 



Bemoval of 
doubts as to 
attestation of 
marines. 



Power to 
Admiralty to 
order pay to 
be witnheld. 



Billeting of 
marines. 



be sufficient evidence of the said indenture ; and every such offender 
in Scotland may be tried by the judge ordinary in the county or 
stewartry in such and the like manner as any person may be tried 
in Scotland for any offence not inferring a capital punishment : 
Provided always, that any justice not required as aforesaid to 
commit such apprentice may deliver him to his master. 

71. No person who shall for six months, and either before or 
after the passing of this Act, have received pay and be borne on 
the strength and pay list of any division of Her Majesty's Royal 
Marine forces, of which the last quarterly pay list (if produced) shall 
be evidence, or been borne as a marine on the books of any of 
Her Majesty's ships in conmiission, shall be entitled to claim his 
discharge on the groimd of error or illegality in his enlistment or 
attestation or re-engagement, or on any other ground whatsoever, 
but, on the contrary, every such person shall be deemed to have 
been duly enlisted, attested, or re-engaged, as the case may be. 

72* It shall also be lawful for the Lord High Admiral, and also 
for the said Commissioners for executing the office of Lord High 
Admiral, to give orders for withholding the pay of any officer or 
marine for any period during which su(£ officer or marine shall be 
absent without leave, or improperly absent from his duty, or in 
case of any doubt as to the proper issue of pay to withhold it from 
the parties aforesaid until the said Lord High Admiral ot the said 
Commissioners shall come to a determination upon the case. 

73. -A nd whereas there is and may be occasion for the marching and 
also for the quartering of the Royal Marine forces when on shore : 

Be it enacted, that during the continuance of this Act, upon the 
order or orders of the Lords Commissioners of the Admiralty, signi- 
fied in writing in that behalf under the hand of the Secretary of the 
Admiralty, oi f upon the order or orders in writing in that behalf 
under the hand of any colonel commandant or commanding officer 
of any division of Royal Marines, it shall be lawful for all constables 
and other persons specified in this Act in Great Britain and L^land, 
and they are hereby required, to billet the officers and marines, 
whether marching or otherwise, and all staff and field officers horses, 
and all b&t and baggage horses belonging to the Royal Marine 
forces, when on actual service, not exceeding for each officer the 
number for which forage is or shall be allowed by Her Majesty's 
regulations, in victualling houses and other houses specified in this 
Act, taking care in Ireland not to billet less than two men in any 
one house; and they shall be received by the occupiers of the 
houses in which they are so billeted, and be furnished by such 
victualler with proper accommodation in such houses, and with 
a separate bed for each marine, or if any victualler shall not have 
sufficient accommodation in the house upon which a marine is 
billeted, then in some good and sufficient quarters to be provided 
by such victualler in the immediate neighbourhood, and in Great 
Britain with diet and small beer, and in Great Britain and Ireland 
with stables, oats, hay, and straw for such horses as aforesaid, 
paying and allowing for the same the several rates herein-after 
provided ; and at no time when marines are on their march shall 
any of them be billeted above one mile from the place mentioned 
in the route, care being always taken that the billets be made out 



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1877. Marine MvJtmy. Ch. 8. S5 

for the less distant houses in which suitable accommodation can be 
found before making out billets for the more distant; and in all 
places where marines shall be billeted in pursuance of this Act, the 
officers and their horses shall be billeted in one and the same house, 
except in case of necessity ; and the constables are hereby required 
to billet all marines on their march in the manner required by this 
Act upon the occupiers of all houses within one mile of the place 
mentioned in the route, and whether they be in the same or a 
different county, in like manner in every respect as if such houses 
were all locally situated within such place : Provided always^ that 
nothing herein contained shall be construed to extend to authorise 
any constable to billet marines out of the county to which such 
constable belongs when the constable of the adjoining county shall 
be present and shall undertake to billet the due proportion of men 
in such adjoining county ; and no more billets shall at any time be 
ordered than there are effective marines and horses present to be 
billeted ; all which billets, when made out by such constables, shall 
be delivered into the hands of the commanding officer present, or to 
the non-commissioned officer on the spot ; and if any person shall 
find himself aggrieved by having an imdue proportion of marines 
billeted in his house, and shall prefer his complaint, if against a 
constable or other person not being a justice, to one or more justices, 
and if against a justice, then to two or more justices, within whose 
jurisdiction such marines are billeted, such justices respectively 
shall have power to order such of the marines to be removed and 
to be billeted upon other persons as they shall see cause ; and when 
any horses belonging to the officers of Her Majesty's Boyal Marine 
forces shall be b3leted upon the occupiers of houses who shall have 
no stables, theu, upon a written requisition of the officer conunand- 
ing such marines, the constable is hereby required to billet the 
horses upon some other person or persons having stables, and who 
are by this Act liable to have officers and marines billeted upon 
them, and any two or more justices of the peace may order a proper 
allowance to be paid by the persons relieved to the persons receiving 
such horses, or to be applied in the furnishing the requisite accom- 
modation ; and the commanding officer may exchange any man or 
horse billeted in any place with another man or horse billeted in 
the same place, for the convenience or benefit of the service, provided 
the number of men and horses do not exceed the number at that 
time billeted on such houses respectively, and the constables are 
hereby required to billet such men and horses so exchanged accord- 
ingly ; and it shall be lawful for any justice, at the request of any 
officer or non-commissioned officer commanding any marines re- 
quiring billets, to extend any route, or to enlarge the district 
within which billets shall be required, in such manner as shall 
appear to be most convenient to Her Majesty's service : Provided 
also, that to prevent or punish all abuses in billeting marines, it 
shall be lawfiil for any justice, within his jurisdiction, by warrant 
or order under his hand^ to require any constable to give him an 
account in writing of the number of officers and marines who shall 
be quartered by such constables, together with the names of the 
persons upon whom such officers and marines are billeted, stating 
the street or place where such persons dwell, and the signs, if any. 



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96 Ch. 8. Marine Mutmy. 40 Vict. 

belonging to the houses : Provided always, that no officer shall be 
compelled or compellable to pay anything for his lodging where he 
shall be duly billeted : Provided also, that no justice being an officer 
of Royal Marines shall directly or indirectly be concerned in billeting 
or appointing quarters under this Act. 
Allowance to 74. The inn holder or other person on whom any marine is 
innkeepers. billeted in Great Britain shall, if required by such marine, fiiniish 
him for every day on the march, and for a period not exceeding two 
days, when halted at any intermediate place upon the march, and 
for the day of the arrival at the place of final destination, with one 
hot meal in each day, the meal to consist of such quantities of diet 
and small beer as may be fixed by Her Majesty's regulations, not 
exceeding one pound and a quarter of meat previously to being 
dressed, one pound of bread, one pound of potatoes or other vege- 
tables, and two pints of small beer, and vinegar, salt, and pepper, 
and for such meal the innholder or other person furnishing the same 
shall be paid the sum of thirteenpence halfpenny, and twopence 
halfpenny for a bed ; and all innholders and other persons on whom 
marines may be billeted in Great Britain or Ireland, except when 
on the march in Great Britain, and entitled to be furnished with the 
hot meal as aforesaid, shall furnish such marines with a bed and 
with candles, vinegar, and salt, and shall allow them the use of 
fire, and the necessary utensils for dressing and eating their meat, 
and shall be paid in considerati(m thereof the sum of fourpence per 
diem for each marine ; and the sum to be paid to the innholder or 
other person on whom any of the horses belonging to Her Majesty's 
Royal Marine forces shall be'^ billeted, in Great Britain or Ireland, 
for ten pounds of oats, twelve pounds of hay, and eight pounds of 
straw, shall be one shilling and ninepence per diem for each horse; 
and every officer or non-commissioned officer commanding a division, 
detachment, or party shall every four days, or before they shall quit 
their quarters if they shall not remain so long as four days, settle 
and discharge the just demands of all victuallers or other persons 
upon whom such officers, marines, or horses are billeted, out of the 
pay and subsistence of such officers and marines, before any part of 
the said pay or subsistence be paid or distributed to them re- 
spectively ; and if any such officer or non-commissioned officer shall 
not pay the same as aforesaid, then, upon complaint and oath made 
thereof by any two witnesses before two justices of the peace for 
the county, riding, division, liberty, city, borough, or place where 
such quarters were situate, sitting in quarter or petty sessions, the 
Secretary of the Admiralty is hereby required, upon certificate of 
the justices before whom such oath shall be made of the sum due to 
complainant, to order payment of the amount which shall be charged 
against such officer ; and in case of any marines being suddenly 
ordered to march, and of the commanding officer or non-commis- 
sioned officer not being enabled to make payment of the sums due 
on account of billets, every such officer or non-commissioned officer 
shall before his departure make up the account with every person 
upon whom any such marines may have been billeted, and sign a cer- 
tificate thereof; which account and certificate, on being transmitted 
to the Secretary of the Admiralty, shall be immediately paid, and 
charged to the account of such officer or non-commissioned officer. 



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1877. Marine Mutvny. Ch. 8. 97 

75. For the regular provisicm of carriages for the Royal Marine Supply of 
forces and their baggage on their marches in Great Britain and ^"^^S®*- 
Ireland^ all justices of the peace within their several jurisdictions, 
being duly required thereunto by order of the said Lord High 
Admiral, or two or more of the Commissioners for executing the 
said office of Lord High Admiral for the time being, or any colonel 
commandant or commanding officer of a division of Boyal Marines, 
shall, on the production of such order, or a copy thereof certified by 
the commanding officer, to them or any one or more of them, by 
the officer or non-commissioned officer of the party of marines so 
ordered to march, issue a warrant to any constable having authority 
to act in any place from, through, near, or to which such marines 
shall be ordered to march, (for each of which warrants a fee of one 
shilling only shall be paid), requiring him to provide the carriages, 
horses, oxen, and drivers therein mentioned, (allowing sufficient 
time to do the same,) specifying the places from and to which the 
said carriages shall travel, and the distance between the places, for 
which distance only so specified payment shall be demanded, and 
which distance shall not, except in cases of pressing emergency, 
exceed the day's march prescribed in the order of route, and shall 
itt no case exceed twenty-five miles ; and the constables receiving 
such warrant shall order such persons as they shall think proper, 
having carriages, to furnish the requisite supply, who ai-e hereby 
required to fiimish the same accordingly ; and in case sufficient 
carriages cannot be procured within the proper jurisdiction, any 
justice of the next adjoining jurisdiction shall, by a like course of 
proceeding, supply the deficiency ; and in order that the burden of 
providing caiTiages may fall equally, and to prevent inconvenience 
arising from there being no justice residing near the place where 
marines may be quartered on the march, the justice or justices 
residing nearest to such place shall cause a list to be made out, at 
least once in every year, of all persons liable to furnish such carriages, 
and of the number and description of their said carriages, which 
list shall at all seasonable hours be open to the inspection of the said 
persons, and shall by warrant under his hand authorise the constables 
within his jurisdiction to give orders to provide carriages without 
any special warrant from him for that purpose, which orders shall be 
valid in all respects ; and all orders for such carriages shall be made 
from such lists in regular rotation, so far as the same can be done. 

76. In every case in which the whole distance for which any Bates for 
carriage shall be impressed shall be under one mile the rate of a ca^*«^ 
full mile shall be paid ; and the rates to be paid for carriages 
impressed, shall be in Great Britain, for every mile which a waggon 
with four or more horses, or a wain with six oxen or four oxen 
and two horses, shall travel, one shilling ; and for every mile any 
waggon with narrow wheels, or any cart with four horses carrying 
not less than fifteen hundredweight, shall travel, ninepence ; and 
for every mile eveiy other cart or carriage with less than four hoi*ses, 
and not carrying fifteen hundredweight, shall travel, sixpence ; and 
in Ireland for every hundredweight loaded on any wheel carriage 
one halfpenny per mile ; and in Great Britain such further rates 
may be added, not exceeding a total additional sum per mile of 
fourpence, threepence, or twopence to the respective rates of one 
[the law hkpotits.] G 



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OS Ch, 8. Mari/iie Mutiny. 4Q Yicr. 

shilling, ninepence, and sixpence, as may seem reasonable to the 
justices assembled at general sessions for their respective districts, 
or to the recorder at the sessions of the peace 'of any municipal dty, 
borough, or town ; and the order of such justices or recorder shall 
specify tiie average price of hay and oats at the nearest market 
town at the time of fixing such additional rates, and the period for 
which the order shall be enforced, not exceeding ten days, beyond 
the next general sessions ; and no such order shall be valid unless a 
copy thereof, signed by the presiding magistrate and one other 
justice, or by the recorder, shall be transmitted to the Secretary 
of the Admiralty within three days after the making thereof ; and 
also in Great Britain when the day's march shall exceed fifteen 
miles, the justice granting his warrant may fix a further reasonable 
compensation not exceeding the usual rate of hire fixed by this Act ; 
and when additional rates or compensation shall be granted, the 
justice shall insert in his own hand in the warrant the amount 
thereof and the date of the order of sessions, if fixed by sessions, 
and the warrant shall be given to the officer commanding' as bis 
voucher; and the officer or non-commissioned officer demanding 
carriages, by virtue of the warrant of a justice shall, in Great Britain, 
pay down the proper sums into the hands of the constable providing 
carriages, who shall give receipts for the same on unstamped paper; 
and, in Ireland, the officers or non-commissioned officers as aforesaid 
shall pay the proper sums to the owners or drivers of the carriages, 
and one third part of such payment shall be made before the carriage 
be loaded, and all the said payments in Ireland shall be made, if 
required, in presence of a justice or constable ; and no carriage 
shall be liable to carry more than thirty hundredweight in Great 
Britain, and in Ireland no car shall be liable to carry more than six 
hundredweight, and no dray more than twelve hundredweight; 
but the owner of such carriages in Ireland consenting to cany a 
greater weight shall be paid at the same rate for every hundred- 
weight of the said excess ; and the owners of such carriages in 
Ireland shall not be compelled to proceed, though with any less 
weight, under the sum of threepence a mile for each car and sixpence 
a mile for each dray ; and the loading of such carriages in Ireland 
shall be first weighed, if required, at the expense of the owner of 
the carriage, if the same can be done in a reasonable time without 
hindrance of Her Majesty's service : Provided also, that a cart with 
one or more horses, for which the furnisher shall receive ninepence 
a mile, shall be required to carry fifteen hundredweight at the 
least ; and that no penalties or forfeitures in any Act relating to 
highways or turnpike roads in the United Kingdom shall apply to 
the number of horses or oxen or weight of loading of the aforesaid 
carriages, nor shall any such carriages on that account be stopped or 
detained ; and whenever it shall be necessary to impress carriages 
for the march of marines from Dublin at least twenty-four hours 
notice of such march, and in case of emei^ency as long notice as 
the case wiU admit, shall be given to the Lord Mayor of Dublin, 
who shall summon a proportional number of cars and drays at his 
discretion out of the licensed cars and drays and other cars and 
drays within the county of the said city, and they shall by turns be 
employed on this duty at the prices and under the regulations 



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1877. Marine Mutiny. Ch. 8. 99 

herein-before mentioned; and no country cars, drays, or other 
carriages coming to markets in Ireland shall be detained or employed 
agaiost the will of the owners in carrying the baggage of marines 
on any pretence whatever. 

77. It shall be lawful for the Lord High Admiral, or the Com- As to supply 
missioners for executing the oflSce of Lord High Admiral, or the o^ carriages. 
Lord Lieutenant or Chief Governors of Ireland, by their or his «Sirge^^ 
orders distinctly stating that a case of emergency doth exist, 
signified by the Secretary of the Admiralty, or, if in Ireland, by 

the chief secretary or under secretary, or the first clerk in the 
military department, to authorise any commanding officer of Her 
Majesty's Boyal Marine forces in any district or place, or to the 
chief acting agents for the supply of stores and provisions, by 
writing under his hand, reciting such order of the Lord High 
Admiral, or the said Commissioners, or Lord Lieutenant or Chief 
Governors aforesaid, to require all justices within their several 
jorisdictions in Qreat Britain and Ireland to issue their warrants 
for the provision, not only of waggons, wains, carts, and cars kept 
by or belonging to any person and for any use whatsoever, but 
also of saddle horses, coadies, postchaises, chaises, and other four- 
wheeled carriages kept for hire, and of aU horses kept to draw 
carriages licensed to carry passengers, and also of boats, barges, 
and other vessels used for the transport of any commodities whatso- 
ever upon any canal or navigable river as shall be mentioned in 
the said warrants, therein specifying the place and distance to 
which such carriages or vessels shall go ; and on the production 
of such requisition, or a copy thereof certified by the commanding 
officer, to such justice, by any officer of the corps ordered to be 
conveyed, such justice shall take all the same proceedings in regard 
to such additional supply so required on such emergency as he is 
by this Act required to take for the ordinary provision of carriages ; 
and all provisions whatsoever of this Act as regards the procuring 
of the ordinary supply of carriages, and the duties of officers and 
non-commisedoned officers, justices, constables, and owners of car- 
riages in that behalf, shall be to all intents and purposes applicable 
for the providing and payment according to the rates of posting 
or of hire usually paid for such other description of carriages or 
vessels so required on emergency, according to the length of the 
journey or voyage in each case, but making no allowance for post 
borse duty, t)r turnpike, canal, river, or lock tolls which duty or 
tolls are hereby declared not to be demandable, for such carriages 
and vessels while employed in such service or returning therefrom ; 
and it shall be lawful to convey therecm not only the baggage, 
provisions^ and militaiy stores of such detachment, but al^ tiie 
officers, marines, servants, women, children, and other persons of 
and belonging to the same. 

78. It shaU.be lawful for the justices of the peace assembled at joBtices of 
their quarter sessions to direct the treasurer to pay, without fee, out P««» \^^^ 
of the public stock of the county or riding, or if such public stock JiSTSpended 
be insufficient then out of moneys which the said justices shall for carriAges, 
bave power to raise for that purpose, in like manner as for county *«• 

gaols and bridges, such reasonable sums as shall have been expended 
by the constables within their respective jurisdictions for carriages 

G 2 



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100 



Ch. 8. 



Marvne Mutiny, 



40 Vict. 



Lord Lieu- 
tenant of 
Ireland may 
depute persons 
to sign routes. 



Exemption 
from tolls. 



Marching 
money on dis- 
charge. 



and vessels, over and above what was or ought to have been paid 
by the oflBcer requiring the same, regard being had to the season 
of the year and the condition of the ways by which such carriages 
and vessels are to pass ; and in Scotland such justices shall direct 
such payments to be made out of the rogues money and assessments 
directed and authorised to be assessed and levied by an Act passed 
during the session holdeii during the twentieth and twenty-first 
years of the reign of Her present Majesty, chapter seventy-two. 

79. It shall be lawful for the said Lord Lieutenant or other Chief 
Governor for the time being of Ireland to depute, by warrant under 
his hand and seal, some proper person to sign routes in cases of 
emergency fot the marching of any of Her Majesty's Eoyal Marine 
forces in Ireland in the name of such Lord Lieutenant or Chief 
Governor. 

80. All officers and marines on duty or on their march, being in 
proper uniform, dress or undress, and tiieir horses and baggage, and 
all recruits marching by route, and all prisoners under military 
escort, and aU carriages and horses belonging to Her Majesty or 
employed in her service under the provisions of this Act, or in any 
of Her Majest3r*s colonies, when employed in conveying any such 
persons as aforesaid or their baggage or stores, or returning finom 
conveying the same, shall be exempted from the payment of any 
duties and tolls on embarking or disembarking from or upon any 
pier, wharf, quay, or landing-place, or in passing along or over any 
turnpike or other roads or bridges, otherwise demandable by virtue 
of any Act already passed or hereafter to be passed, or by virtue 
of any prescription, grant, or custom, or by virtue of any Act or 
ordinance, order or direction, of any Qolonial legislature or other 
authority in any of Her Majesty's colonies ; and if any toll collector 
shall demand or receive toll from any marine officer or marine on 
duty or on their march who shall be in proper uniform, dress or 
undress, or for their horses, and who by this Act is exempted from 
payment thereof, or from any recruits marching by route, or from 
any prisoners under military escort, or for any carriages or horses, 
belonging to Her Majesty or employed in her service under the 
provisions of this Act, when conveying persons or baggage or stores, 
or returning therefrom, every such collector shall for every such 
offence be liable to a penalty not exceeding five pounds ; provided 
that nothing herein contained shall exempt any boats, barges, or 
other vessels employed in conveying the said persons, horses, 
baggage, or stores along any canal from payment of tolls in like 
manner as other boats, barges, and vessels are liable thereto, 
except when employed in cases of emergency as herein mentioned ; 
and that when any officers or marines on service shall have occasion 
in the march by route to pass regular ferries in Scotland, the 
officer commanding shall be at liberty to pass over with his marines 
as passengers, paying for himself and each marine one half only of 
the ordinary rate payable by passengers, or he shall be at liberty to 
hire the feiry boat for himself and his party, debarring all others 
for that time, and shall in such case pay only half the ordinary rate 
for such boat. 

81. Every marine upon being discharged from the service shall 
be entitled to an allowance (not exceeding in any case the amount 



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1877. MaHne Mutmy. Ch, 8. 101 

of twenty-ono days marching money) to enable bim to reach his 
home, or the place at wbi(£ he shall at the time of his discharge 
decide to take up his residence, if the cost of conveyance to such a 
place shall not exceed ^the cost of conveyance to the place of his 
original enlistment, which allowance shall be calculated according 
to the distance he has to travel : Provided always, that no person 
who shall purchase his own dischaige, or be discharged on account 
of misbehaviour, or at his own desire, before the expiration of his 
period of service, shall be entitled to any such allowance. 

82. If anv constable or other person who by .virtue of this Act Penalties apoD 
shall be employed in billeting any officers or marines in any part ^^^^^Uj'^®^'^ 
of the United Kingdom shall presume to billet any such officer or ^^t°the 
marine in any house not within the meaning of this Act without la^s relating 
the consent of the owner or occupier thereof; or shall neglect or ^^*"** 
refuse to billet any officer or marine on duty when thereunto required 

in such manner as is by this Act directed, provided sufficient notice 
be given before the arrival of such marines; or shall receive, 
demand, or agree for any money or reward whatsoever in order to 
excuse any person from receiving any such officer or marine ; or 
shall quarter any of the wives, children, men or maid servants of 
any officer or marine in any such houses against the consent of 
the occupiers ; or shall neglect or refuse to execute such warrants 
of the justices as shall be directed to him for providing carriages, 
horses, or vessels, or shall demand more than the legal rates for 
the same ; or if any person ordered by any constable in manner 
herein-before directed to provide carriages, horses, or vessels shall 
refuse or neglect to provide the same ae-cording to the orders of such 
constable, or shall demand more than the legal rates for the same, 
or shall do any act or thing by which the execution of any warrants 
for providing carriages, horses, or vessels shall be hindered ; or if any 
person liable by this Act to have any officer or marine quartered on 
him shall refuse to receive any such officer or marine, or to afford 
him proper accommodation or diet in the house of such person in 
which he is quartered, or to furnish the several things directed to 
be furnished to officers and marines, or shall neglect or refuse to 
furnish good and sufficient stables, together with good and sufficient 
oats, hay, and straw, in Great Britain and Irelwd, for each horse, 
in such quantities and at such rates as herein-before provided, 
or if any innkeeper or victualler not having good and sufficient 
stables sliall refuse to pay over to the person or persons who may 
provide stabling such allowance by way of compensation as shall 
be directed by any justice of the peace, or shall pay any sum of 
money to any marine on the march in lieu of furnishing in kind 
the diet and small beer to which such marine is entitled ; such 
constable, victualler, and other person respectively shall forfeit for 
every offence, neglect, or refusal any sum not exceeding five pounds 
nor less than forty shillings : and if any person sliall personate or 
represent himself to be a marine or marine recruit with the view 
of fraudulently obtaining a billet or money in lieu thereof, he shall 
for every such offence forfeit any sum not exceeding five pounds nor 
less than twenty shillings. 

83. If any officer of Royal Marines shall take upon him to Penalty upon 
quarter men otherwise than is allowed by this Act, or shall use or ^^^'^ °^ 



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102 

marines so 
offeiidiDg. 



Ch. 8. 



Mari/ne Mutiny, 



40 Vict. 



Penalty for 
forcible entry 
in pursuit of 
deserters wiih- 
oat warrant. 

Penalty for 
purchasing 
clothes, S^ 
from any 
marine. 



oflTer any menace or compukion to or upon any justice, constable, 
or other civil officer tending to deter and discourage any of them 
from performing any part of their duty under this Act, or to do 
anything contrary thereto, such officer shall for every such offencej 
being thereof convicted before any two or more justices of the 
county by the oath of two credible witnesses, be deemed and taken 
to be ipso facto cashiered, and shall be utterly disabled to hold any 
ndlitaiy employment in Her Majesty's service ; provided a certifi- 
cate of such conviction be forthwith transmitted by the said justices 
to the Secretary of the Admiralty, and that the conviction be 
affirmed at some quarter sessions of the peace for the said county 
to be held next after the expiration of three months after such 
certificate shall have been transmitted as aforesaid ; and if any 
marine officer shall take or knowingly suffer to be taken from any 
person any money or reward for excusing the quartering of officers 
or marines, or shall billet any of the wives, children, men or maid 
servants of any officer or marine in any house against the consent 
of the occupier, he shall for any of the said offences, upon beings 
convicted thereof before a general court-martial, be cashiered ; and 
if any officer shall constrain any carriage to travel beyond the 
distance specified in the justices warrant, or shall not discharge 
the same in due time for their return home on the same day if it be 
practicable, except in the case of emergency for which the justice 
shall have given license, or shall compel the driver of any carriage 
to take up any marine or servant (except such as are side) or any 
woman to ride therein, except in cases of emergency as aforesaid, 
or shall force any constable, by threatening words, to provide saddle 
horses for himself or servants, or shall force horses from their ownei-s, 
or in Ireland shall force the owner to take any loading until tbe 
same shall be first duly weighed, if the same shall be required, 
and can be done within a reasonable time, or shall, contrary to 
the will of the owner or his servant, permit any person whatso- 
ever to put any greater load upon any carriage than is directed by 
this Act, he shall forfeit for every offence any sum not- exceeding 
five pounds nor less than forty shillings. 

84. Every marine officer or marine who shall, without warrant 
from one or more of Her Majesty's justices, forcibly enter into or 
break open the dwelling-house or outhouse of any person whom- 
soever in pursuit of any deserters, shall, upon due proof thereof, 
forfeit the sum of twenty pounds. 

85. Any person who shall knowingly detain, buy, or exchange, 
or otherwise receive from any marine or marine deserter, or any 
other person acting for or on his behalf, upon any account or pre- 
tence whatsoever, or who shall solicit or entice any marine or 
marine deserter, or shall be employed by any marine or marine 
deserter, knowing him to be such, to sell any arms, ammunition, 
medals for good conduct or distinguishment or other service, marine 
clothes, or military furniture, or any other articles which, according 
to the custom of the marine corps, are generally deemed regimental 
or divisional necessaries, or any provisions, sheets, or other articles 
used in barracks or provided under barrack regulations, whether on 
shore or afloat, and whether the marine or marine deserter or other 
person be or be not borne on the books of any one of Her Ma- 



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1877. Marine Mutiny. Ch. 8. 103 

jesty s ships, or be or be not embarked, or who shall have in his or 
her possession or keeping any arms, ammunition, medals, marine 
dothes, or military furniture, or any other articles which, according 
to the custom of the marine corps, are generally deemed regimental 
or divisional necessaries, or any provisions, spirits, sheets, or other 
articles used in barracks or provided under barrack regulations, and 
shall not give a satisfactory account how he or she came by the 
same, or i^all change or cause the colour or mark of any such 
clothes, appointment, necessaries, sheets, or other articles to be 
changed or defisbced, or who shall pawn, sell, or deposit in any place 
or with any person such articles of regimental necessaries, with or 
without the consent of such marine, shall forfeit for every such 
offence any sum not exceeding twenty pounds, together with treble 
the value of all or any of the several articles ; and if any person 
having been at any time previously convicted of either of the above 
offences under this or any previous Act for the regulation of Her 
Majesty's Royal Marine forces while on shore shall afterwards be 
guilty of any such offence, he or she shall for every such offence 
forfeit any sum not exceeding twenty pounds but not less than five 
pounds, and the treble value of all or any of the several articles, and 
shall, in addition to such forfeiture, be committed to the common 
gaol or house of correction, there to be imprisoned only, or to be 
imprisoned with or without hard labour, for such term not exceed- 
ing six calendar months as the convicting justice or justices shall 
think fit ; and upon any information against any person for a 
second or any subsequent offence, a copy of the former conviction, 
certified by the proper oflSicer having the care or custody of such 
conviction, or any copy of the same proved to be a true copy, shall 
be sufficient evidence to prove such former conviction ; and if any 
credible person shall prove, oii oath before a justice of the peace or 
person exercising like authority according to the laws of that part 
of Her Majesty's dominions in which the offence shall be committed, 
a reasonable cause to suspect that any person has in his or her 
possession or on his or her premises any property of the descrip- 
tion herein-before described, on or with respect to which any such 
offence shall have been committed, such justice may and he is hereby 
required to grant a warrant to search for such property as in the 
case of stolen goods ; and if upon such search any such property 
shall be found, the same shall and may be seized by the officer 
charged with the execution of such warrant, who shall bring the 
offender in whose possession the same shall be found before the 
same or any other justice of the peace, to be dealt with according to 
law. 

86. Every person (except such recruiting parties as may be Penalty on 
stationed under military command) who shall cause to be adver- ^l*^^ 
tised, posted, or dispersed bills for the purpose of procuring recruits '*^""^^' 
or substitutes for the Royal Marines, or shall open or keep any 
house or place of rendezvous or office, or receive any person therein 
under such bill or advertisement as connected with the marine 
recruiting service, or shall directly or indirectly interfere therewith, 
without permission in writing from the Lord High Admiral or the 
said tiommissioners for executing the office of Lord High Admiral, 
shall forfeit for every such offence a sum not exceeding twenty pounds. 



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10* 

Penalty on 
killing game 
without leave. 



Limitations of 
actions. 



Ch. 8. 



MaHae Mutiny, 



40 Vict. 



Recovery of 
penalties. 



11 & 12 Vict. 
C.43. 



14 & 15 Vict, 
c. 93. 



87. For the better preservation of the game and fish in or near 
places where any officer shall at any time be quartered^ every officer 
who shall, without leave in writing from the person or persons 
entitled to grant such leave, take, kill, or destroy any game or fish 
within the United Kingdom, shall for every such offence lorfeit tiie 
sum of five pounds. 

88. If any action shall be brought against any member or mem- 
bers of a court-martial to be assembled under the authority of this 
Act, or of any Act heretofore passed for the regulation of Her 
Majesty's Royal Marine forces while on shore, in respect of the pro- 
ceediDgs or the sentence thereof, or against any other person for 
anything done in pursuance or under the authority of this Act, or 
of any Act heretofore passed for the regulation of Her Majesty's 
Eoyal Marine forces while on shore, the same shall be brought in 
some one of the Courts of Record at Westminster or Dublin, or in 
the Court of Session in Scotland, and shall be commenced within 
six months next after the cause of action shall arise, and it shall be 
lawful for the defendant or defendants therein, or in any such action 
now pending, to plead thereto the general issue^ and to give all 
special matter in evidence on the trial ; and if the verdict shall be 
for the defendant in any such action^ or if the plaintiff shall become 
nonsuit or suffer any discontinuance thereof, or if, in Scotland, the 
court shall see fit to assoilzie the defendant or dismiss the complaint, 
the court in which the matter shall be tried shall allow the de- 
fendant treble costs^for the recovery of which he shall have the like 
remedy as in other cases where costs by the laws of this realm are 
given to defendants. 

89. All offences for which any penalties and forfeitures are by 
this Act imposed, not exceeding twenty pounds, over and above 
any forfeiture of value or treble value, shall and may be deter- 
mined, and such penalties and forfeitures, and forfeiture of value or 
treble value recovered, in every part of the United Kingdom except 
Scotland, by and before one or more justice or justices of the peace» 
under the provisions of an Act passed in the eleventh and twelfth 
years of the reign of Her Majesty Queen Victoria, intituled '* An 
'' Act to facilitate the performance of the duties of justices of the 
'' peace out of sessions within England and Wales with respect to 
'' summary convictions and orders," and in Scotland by and before 
one or more justices of the peace under the provisions of the 
Summary Procedure Act, 1864 : Provided always, that in all cases 
in which there shall not be sufficient goods whereon any penalty or 
forfeiture can be levied, the offender may be committed and im- 
prisoned for any time not exceeding six calendar months ; which 
last-recited Act but one shall be used and applied in Ireland for 
the recovery of all such i)enalties and forfeitures as fully to all 
intents as if the said recited Act bad extended to Ireland, anjrthing 
in the said recited Act, or in an Act passed in the fourteenth and 
fifteenth years of the reign of Her Majesty Queen Victoria, in- 
tituled " An Act to consolidate and amend the Acts regulating the 
'' proceedings at petty sessions, and the duties of justices of the 
" peace out of quarter sessions, in Ireland," to the contrary not- 
withstanding ; and all such offences committed in the British Isles, 
or in any of Her Majesty's dominions beyond the seas, may be 



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1877. Marine Mutiny. Ch. 8. 105 

determined, and the penalties and forfeitures and forfeiture of value 
or treble value recovered, before any justices of the peace or persons 
exercising like authority, according to the laws of the part of Her 
Majesty's domiDions in which the offence shall be committed ; and 
all penalties and forfeitures by this Act imposed exceeding twenty 
pounds shall be recovered by action in some of the Courts of 
Record at Westminster or in Dublin, or in India, or in the Coui-t of 
Session in Scotland, and in no other court in the United Kingdom, 
and may be recovered in the British Isles or in any other parts of 
Her Majesty's dominions, in any of the royal or superior courts of 
such isles or other parts of Her Majesty's dominions. In any 
proceeding under this Act whereby any person incurs a penalty or 
forfeiture, such person may also be adjudged to pay the costs of 
such proceeding by the justice or justices or the court imposing 
such penalty or forfeiture. 

90» One moiety of every such penalty or forfeiture, not including Appropmtion 
any treble value of any articles, shall go to the person who shall of penalties, 
iuform or sue for the same, and the other moiety, together with the 
treble value of such articles, or, where the offence shiJl be proved by 
the person who shall inform, then the whole of the penalty and such 
treble value, shall be paid over and applied in such manner as the 
Lord High Admiral or the Commissioners for executing the office of 
Lord High Admiral shall direct, anything in an Act passed in the 
sixth year of the reign of His late Majesty King William the Fourth, 
intituled " An Act to provide for the regulation of municipal corpo- 6 & 6 W. 4. 
*.' rations in England and Wales," or in any other Act or Acts of ®- ^^• 
Parliament, to the contrary notwithstanding ; and every justice 
who shall adjudge any penalty under this Act shall within four 
days thereafter at the furthest report the same, and his adjudication 
thereof, to the Secretary of the Admiralty. 

91. It shall be lawful for any two justices of the peace, within Licensei of 
their respective jurisdictions, to grant or transfer any license for cantecM. 
selling by retail any spirit, beer, wine, cider, or perry to any person 

or persons applying for the same who shall hold any canteen under 
any lease thereof, or by agreement with any department or other 
authority under the said Lord High Admiral, or the Commissioners 
for executing the office of Lord High Admiral for the time being, 
without regard to the time of year, or any notices or certificates 
required by any Act in respect of such licenses ; and the Commis- 
sioners of Excise or their proper officers within their respective 
districts shall also grant or transfer any such license as aforesaid ; 
and such persons holding such canteens, and having such licenses as 
aforesaid, may sell therein victuals, and all such exciseable liquors 
as they shall be licensed and empowered to sell, without being 
subject for so doing to any penalty or forfeiture whatever. 

92. The statement made by a recruit on his attestation of his Mode of 
place of birth shaU (until legally disproved) be taken to be the J^h^? wule- 
place of his settlement, to which upon his disdiarge he may be sent ment. 

by the Lord High Admiral or the Commissioners for executing the 
office of Lord High Admiral for the time being, but any justice in 
the United Kingdom, within whose jurisdiction any marine shall be 
quartered on shore, may summon such marine before liim, which 
summons such marine is hereby required to obey, and take his exa- 



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106 



Ch.8. 



Marine Mviiny. 



40 Vict. 



Liability of 
marine to main'' 
tain wife and 
children. 



mination in writing upon oath touching the place of his last legal 
settlement ; and such justice shall give an attested copy of such 
examination to* the person so examined, to be by him delivered to 
his commanding officer to be produced when required ; which said 
examination and such attested copy thereof shall be at any time 
admitted as good and legal evidence as to such legal settlement 
before any justice or at any general or quarter sessions of the 
peace, although such marine be dead or absent from the kingdom : 
Provided always, that in case any marine shall be again summoned 
to make oath as aforesaid, then^ on such examination or such at- 
tested copy being produced, such marine shall not be obliged to 
make any other or rarther oath with regard to his legal settlement, 
but shall leave with such justice a copy of such examination or a 
copy of such attested copy of examination, if required. 

93. Notwithstanding anything in this Act contained, a marine 
shall be liable to contribute to the maintenance of his wife and of 
his children, and also to the maintenance of any bastard child of 
which he may be proved to be the father, to the same extent as if 
he were not a marine ; but execution shall not issue against his 
militaiy necessaries or equipments, nor shall he be liable to be im- 
prisoned or taken out of Her Majesty's service in consequence of 
such liability, or any order made for enforcing the same ; nor shall 
he be liable to be punished as an idle or disorderly person, or as a 
rogue and vagabond, or as an incorrigible rogue, under the Act 
passed in the fifth year of the reign of King George the Fourth, 
chapter eighty-three, intituled "'An Act for the punishment of idle 
" and disorderly persons, and rogues and vagabonds, in that part 
" of Great Britain called England," or under any other Act of Parlia- 
ment, for the offence of neglecting to maintain his family or any 
member thereof, or of leaving his family or any member thereof 
chargeable to any parish, township, or place, or combination of 
parishes, or to the common fund of any union ; nor shall he, in 
Ireland, be liable to be convicted under the Act passed in the session 
of Parliament held in the tenth and eleventh years of the reign of 
Her present Majesty, intituled " An Act to mcJce provision for the 
" punishment of vagrants and persons offending against the laws in 
" force for the relief of the destitute poor in Ireland," for the offence 
of deserting or wilfully neglecting to maintain his wife or any child 
whom he may be liable to maintain, so that such wife or child shall 
become destitute and be relieved in or out of the workhouse of any 
union in Ireland. 

When any order is made under the Acts relating to the relief of 
the poor, or under the Bastardy Acts, on a marine, or, in Scotland, 
decree is pronounced by" a court of law having jurisdiction in an 
action of aliment or filiation and aliment against a marine for the 
maintenance of his wife or children, or for the maintenance of any 
such bastard child as aforesaid, or any of such persons, or where, in 
Ireland, any civil bill decree has been made for the cost of the 
maintenance of any illegitimate child against any marine being the 
putative father of such child, under the provisions of the Act passed 
in the session of Parliament held in the twenty-sixth and twenty- 
seventh years of the reign of Her present Majesty, intituled *' An 
** Act to amend the law enabling boards of guardians to recover 



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1877. Mwi^me Mutiny. Ch. 8. 107 

'' costs of maintenance of illegitiinate children in certain cases in 
** Ireland/* or when any order or decree has been made on or 
against any marine for the recovery of the cost of any relief given 
to the wife or child of such marine under the Acts relating to the 
relief of the poor in Ireland by way of loan, a copy of such order 
or decree shall be left at the office of the said Lord High Admiral 
or the said Commissioners for executing the office of Lord High 
Admiral, and the said Lord High Admiral or the said Commis- 
sioners for executing the office of Lord High Admiral may withhold 
a portion not exceeding sixpence of the daily pay of a non-com- 
missioned officer who is not below the rant of sergeant, and not 
exceeding threepence of the daily pay of any other marine, and 
allot the sum so withheld in liquidation of the sum adjudged to be 
paid by such order or decree. 

Where a summons is issued against a marine under the said Acts, 
or any of them, or an action is raised against him at common law 
or under any Act of Parliament, for the purpose of enforcing against 
him any such liabilily as aforesaid, and such marine is quartered 
out of the petty sessional division in which the summons is issued, 
or out of the jurisdiction of the court in which the action is raised, 
the summons shall be served on his commanding officer, and such 
service shall not be valid unless there be left therewith, or along 
with the service copy thereof, in the hands of the commanding 
officer, a sum of money to be adjudged as costs incurred in obtaining 
the order or decree (should an order be obtained or decree pronounced 
against the marine) sufficient to enable him to attend the hearing 
of the case, and return to his quarters ; and no summons whatever 
under the said Acts or any of them, or at common law, shall be 
vahd against a marine if served after the time at which an order 
has been given for his embarkation for service out of the United 
Kingdom. 

94. AU oaths and declarations which are authorised or required Administration 
by this Act may be administered (unless where otherwise provided) o^o»*^- 

by any justice of the peace or other person having authority to 
administer oaths and declarations; and any person giving false Petjury. 
evidence, or taking a false oath or declaration where an oath or 
declaration is authorised or required to be taken by this Act, and 
heing thereof duly convicted, shall be deemed guilty of wilful and 
corrupt perjury, and shall be liable to such pains and penalties as 
persons convicted of wilful and corrupt perjury are or may be sub- 
ject and liable to ; and every commissioned officer convicted before 
a general court-martial of perjury shall be cashiered, and every 
marine or other person amenable to the provisions of this Act found 
guilty thereof by a general or other court-martial shall be punished 
at the discretion of such court : Provided always, that nothing in 
this Act contained shall be construed to render an oath necessary 
in any case where bylaw a solemn affirmation maybe made instead 
thereof. 

95. All clauses and provisions in this Act contained relating Definition of 
to England shall be construed to extend to Wales and to the town *®™"*- 

of Berwick-upon-Tweed ; and the provisions of this Act shall apply 
to all persons who are or shall be commissioned or in pay as an 
officer of Royal Marines, or who are or shall be listed or in pay as 



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108 



Ch. 8. 



Marine Mwtiny. 



40 Vict. 



Marines not to 
be billeted in 
priyate houses, 



Repeal of 
sect 2. and 
Schedule A. 
of 10 & 11 
Vict. c. 68. 

Duration of 
Act. 



a non-commissioned officer or marine ; and all clauses and provisions 
relating to raaiines shall be construed to include non-commissioned 
officers and drummers, unless when otherwise provided ; and all 
clauses and provisions relating to justices shall be construed to 
extend to all magistrates authorised to act as such in their re- 
spective jurisdictions ; and all the powers given to and regulations 
made for the conduct of constables, and all penalties and forfeitures 
for any neglect thereof, shall extend to all tithingmen, headboronghs, 
and such-like officers, and to all inspectors or other officers of police, 
and to high constables and other chief officers and roa^strates of 
cities, towns, villages, and places in England and Ireland, and to 
all justices of the peace, magistrates of burghs, commissioners of 
police, and other chief officers and magistrates of cities, towns, 
villages, parishes, and places in Scotland, who shall act in the exe- 
cution of this Act; and all powers and provisions for billeting 
marines in victualling houses shall extend and apply to all inns, 
hotels, livery stables, alehouses, and to the houses of sellers of wine 
by retail, whether British or foreign, to be drunk in their own 
houses or places thereunto belonging, to all houses of persons 
licensed to sell beer, ale, porter, cider, or perry by retail, to be 
consumed or drunk in their dwelling-houses or premises, and to 
all houses of persons selling brandy, spirits, strong waters, cider, or 
metheglin by retail in Great Britain and Ireland ; and in Ireland, 
when there shall not be found sufficient room in such houses, then 
marines may be billeted in such manner as has been heretofore 
customary : Provided always, that no officer or marine shall be 
billeted in Great Britain in any ])rivate houses, or in any canteen 
held or occupied under the authority of the Admiralty, War, or 
Marine Department, or upon persons who keep taverns only, being 
vintners of the dty of London admitted to their freedom of that 
company in right of patrimony or apprenticeship, notwithstanding 
such persons who keep such taverns only have taken out victualling 
licenses ; nor in the house of any distiller kept for distilling brandy 
and strong waters ; nor in the house of any shopkeeper whose 
principal dealings shall be more in other goods and merchandise 
than in brandy and strong waters, so as such distillers and shop- 
keepers do not pei-mit tippling in such houses ; nor in the house or 
residence in any part of the TJnited Kingdom of any foreign consul 
duly accredited as such. 

96. The second section of the Act passed in the tenth and 
eleventh years of Her Majesty, chapter sixty-three, and Schedule A. 
annexed to the said Act, are hereby repealed. 

97. This Act shall be in force within Great Britain from the 
twenty-fifth day of April one thousand eight hundred and seventy- 
seven until the twenty-fifth day of April one thousand eight hundred 
and seventy-eight inclusive; and within Ireland, and in Jersey, 
Guernsey, Aldemey, Sark, and the Isle of Man, and the islands 
thereto belonging, from the first day of May one thousand eight 
hundred and seventy-seven until the first of May one thousand 
eight hundred and seventy-eight inclusive ; and within the garrison 
of Gibraltar, and within the Mediterranean, and in Spain and Por- 
tugal, from the first day of August one thousand eight hundred 
and seventy-seven until the first day of August one thousand eight 



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1877. Marine Mutiny. Ch. 8. 101) 

hundred and seventy-eight inclusive; and in all other parts of 
Europe where Royal Marine forces may be 'serving, and the West 
Indies and North America, and Cape of Good Hope, from the first 
day of September one thousand eight hundred and seventy-seven until 
the first day of September one thousand eight hundred and seventy- 
eight inclusive; and in all other places from the first day of 
February one thousand eight hundred and seventy-eight until the 
firat day of February one thousand eight hundred and seventy-nine 
inclusive : Provided always, that this Act shall, from and after the 
receipt and promulgation thereof in general orders in any part of 
Her Majesty's dominions or elsewhere beyond the seas, become and 
be in full force, anything herein contained to the contrary notwith- 
standing. 

SCHEDULE referred to by this Act. 

FoBM of Oaths to be taken by Members of Coubts-mabtial. 

VOU shall well and truly tiy and determine according to the evidence 
^ in the matter now before you. So help 70a GOD. 

VOU shall duly administer justice, according to the rules and articles 
^ for the better government of Her Majesty's Eoyal Marine forces, and 
according to an Act now in force for the regulation of the said forces while 
on shore, without pai-tiality, favour, or affection, and if any doubt shall 
aiise which is not explained by the said articles or Act, according to your 
conscience, the best of your understanding, and the custom of war in the 
like cases : And you shall not divulge the sentence of the court until it 
shall be duly approved ; neither shall you, upon any account, at any time 
whatsoever, disclose or discover the vote or opinion of any particular 
member of the court-martial, unless required to give evidence thereof as a 
witness by a court of justice or a court-martial in a due course of law. 

So help you GOD. 



I 



FoBM of Oath of Judge Advocate. 

do swear, that I will not, upon any account 
whatsoever, disclose or discover the vote or opinion of any particular 
member of the court-martial, unless required to give evidence thereof as a 
witness by a court of justice or a court-martial in a due course of law ; and 
that I wiU not, unless it be necessary for the due discbarge of my official 
duties, disclose the sentence of the court until it shall be duly approved. 

So help me GOD. 

Notice to be g^ven to a Recbuit at the Time of his 
Enlistbient. 

A.B. Bate 18 . 

TAK£ notice, that you enlisted with at 

o'clock* on the day of 

for the Royal Marines, and if you do not come forward to [^here name some 
place"] on or before o'clock* on the day 

of for the purpose of being taken before a justice, either 

to be attested or to release yourself from your engagement by repaying the 
enlisting shilling and any pay you may have received as a recruit, and by 
paying twenty shillings as smart money, you will be liable to be punished 
as a rogue and vagabond* 

* At A.M. or P.M., a8 the case may be. 

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110 Ch. 8. Marine Mutiny. 40 Vict. 

You are hereby also warned that jou will be liable to the same pimish- 
ment if you make any wilfully false representations at the time of attesta- 
tion. 

Signature of the non-commissioned') 

officer serving the notice. j 

Declaration to be made by Recruit on Attestation. 

T now residing in the parish of 

•^ in the county of , do solemnly and sincerely declare, 

that to the best of my knowledge and belief I was bom in the parish 
of (a) in or near the town of (6) in the 

county of (c) , and am years of age ; 

that I am of the trade or calling of [or of no trade or 

callings as the case may be"] ; that I am not an apprentice ; that I am 
married (that I am not a widower ; that I am a widower, and that I have 
{or have not) children) [or not married, as the case may be"] ; that I do 
not belong to the militia, or to the Naval Coast Volunteers, or Boyal 
Naval Volunteers, or to any portion of Her Majesty's land or sea forces ; 
that I have never served Her Migesty by land or sea in any militaiy, 
marine, or naval employment whatsoever, except ; 

that I have never been marked with the letter D ; that I have never been 
rejected as unfit for Her Majesty's service on any previous enlistment; 
that I was enlisted at on the day of 

18 , at o'clock H. by 

of , and that I have read 

[or had read to me] the notice then given to me and understood its mean- 
ing ; that I enlisted for a bounty of and a free 
kit [as the case may ^], and have no objection to make to the manner of 
my enlistment ; that I am willing to be attested to serve in the Royal 
Marines for the term of [the blank after the words **term of" to be filled 
up with twelve yearsy if the person enlisted is of the age of eighteen yean 
or upwards ; but if under that age, then the difference between his age 
and eighteen is to be added to such twelve years\^ provided Her Majesty 
should so long require my services, and also for such further term, not 
exceeding two years, as shall be directed by the conmianding officer on any 
foreign station. 

Signature ofrecruiL 

Signature of witness. 

Note (a), (&)y (c). — ^These blanks need not be filled up if the recmit is unable to give 
the requisite information. 

Oath to be taken by a Recruit on Attestation. 

T DO make oath, that I will be faithful and bear true allegiance to Her 
-^ Majesty, her heirs and successors ; and that I will, as in duty bound, 
honestly and faithfully defend Her Migesty, her heirs and successors, in 
person, crown, and dignity, against all enemies, and will observe and obey 
all orders of Her Majesty, her heirs and successors, and of the generals and 
officers set over me. 

So help me GOD. 

Witness my hand, ^Signature of the recruit. 

Witness present. 

Declared and sworn before me at 1 

this day of one thousand > 

eight hundred and at o'clock, j 

Signature of the justice. 



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1877. Marine Mutiny. Ch. 8. Ill 

DECLABA.TION to be made by a Mabine renewing his Service. 

I do declare, that I am at present [or was, 

as the case may he^ in the division of the Bojal Marine 

forces ; that I enlisted on the day of for a 

term of years ; that I am of the age of years ; 

and that I will serve Her Majesty, her heirs and successors, as a marine, 
for a further term of years [to be JiUed up with stich 

number of years as shall be required to complete a toted service of twenty* 
one years\ provided my services should so long be required, and also for 
such further term, not exceedu^ two years, as shall be directed by the 
commanding officer on any foreign station. 

Signature of marine, 

Signature of witness. 



Declared before me this day 1 

of 18 . / 



Form of Oath to be taken by a Masteb whose Apprentice has 

absconded. 

T of do make oath, that I am by trade 

^ a , and that was bound to serve as 

an apprentice to me in the said trade, by indenture dated the 
day of for the term of years ; and that the said 

did on or about the day of 

last abscond and quit my 8ei*vice without my consent, and that to the best 
of my knowledge and belief the said is i^ed about 

years. Witness my hand at the day of 

one thousand eight hundred and 

Sworn before me at thisl 

/ day of one thousand > 

eight hundred and . J 



Form of Justice's Certificate to be given to the Master of an 

Apprentice. 

1 T one of Her Majesty's justices of the peace 

toirit./-*- of certify, that of 

came before me at the day of 

one thousand eight hundred and and made oath that he 

was byj^trade a , and that was bound to 

serve as an apprentice to him in the said trade, by indenture dated the 
day of , for the term of years ; and 

that the said apprentice did on or about the day of 

abscond and quit the service of the said without his 

consent, and that to the best of his knowledge and belief the said apprentice 
is aged about years* 



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112 



Ch. 8. 



Marine Mutiny, 



40 Vict. 



Description Return of who was apprehended [or 

surrendered himself, as the case may be\ on the day 

of and was committed to confinement at on the 

day of as deserter from the Boyal Marines. 



Age . - - . J 


r Feet. Inches. 
Height- - . - -^ 


Complexion - - - -< 


Hair I 


Eyes - - - - -^ 


Marks I 


Probable date of enlistment, and where < 


Probable date of desertion, and from 1 
what place - - - - | 




/Name and occupation and address of 
the person by whom or through 
whose means the deserter was 
apprehended and secured - 


> 


•< 


Particulars of the evidence on which 
the prisoner is committed, and 
showing whether he surrendered 
or was apprehended, and in what 

^ manner, and upon what grounds - 


> 



* It IB important for the public service, and for the interest of the deserter, that 
this part of the return should be accurately filled up, and the details should be inserted 
by the magistrate in his own handwriting, or, under his direction, by his clerk. 



I do hereby certify, that the prisoner 
has been duly examined before me as to 
the circumstance herein stated, and has 
declared in my presence that he f 
a deserter from the abore-menfioned 
corps. 

■I Signature and address of 

magistrate, 

^— ^-^. Signature of prisoner, 
■ Signature of informant, 

t Insert ** is " or " is not," as the case may be. 



I certify, that I have inspected the 
prisoner, and consider him % 
for military service. 



Signature of miUtanf 
officer, or of private 



medical 

medical practitioner, 

^ t Insert "fit" or -unfit." as the case may 
be I and, if unfit, state the cause of unflt- 



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1^77. SupreTne Court of JudiccUure. Ch. 9. 118 

CHAPTER 9. 

An Act for amending the Supreme Court of Judicature 
Acts, 1873 and 1875. [24th April 1877.] 

T>E it enacted by the Queen'a most Excellent Majesty, by ajid 
-A^ with the advice and consent of the Lords Spiritual and Tem- 
poral, and Commons, in this present Parliament assembled, and by 
the authority of the same, as follows : 

1. This Act fihall, so far as is consistent with the tenor thereof, Construction 
be construed as one with the Supreme Court of Judicature Acts, *? ^a!*" ^'^^^ 
1873 and 1875, and together with the said Acts may be cited as 

The Supreme Court of Judicature Acts, 1873, 1875, 1877, and this 
Act may be cited separately as " The Supreme Court of Judicature 
Act, 1877." 

2. It shall be lawful for Her Majesty to appoint a judge of the Appointment 
High Court of Justice in addition to the number of judges of that -"^^^of Hi^h 
court authorised to be appointed by the Supreme Court of Judi- Court of 
cature Acts, 1873 and 1875. Justice. 

3. The judge appointed in pursuance of this Act shall be in the l^osition of 
same position as if he had been appointed a puisne judge of the ju^ie?'^^ 
said High Court in pursuance of the Supreme Court of Judicature 

Acts, 1873 and 1875 ; and all the provisions of the Supreme Court 
of Judicature Acts, 1873 and 1875, for the time being in force in 
relation to the qualification and appointment of puisne judges of 
the said High Court, and to their tenure of office, and to their 
precedence, and to their salaries and pensions, and to the officers 
to be attached to the persons of such judges, and all other pro- 
visions relating to such puisne judges, or any of them, with the 
exception of such provisions as apply to existing judges only, shall 
apply to the additional judge appointed in pursuance of this section 
in the same manner as they apply to the other puisne judges of 
the said court respectively. The judge appointed in pursuance of 
this Act shall be attached to the Chancery Division of the said 
High Court, subject to such power of transfer as is in the Supreme 
Court of Judicature Act, 1873, mentioned. 

4. And whereas it is expedient that a uniform style should be Style of judges, 
provided for the ordinary judges of the Court of Appeal and for 

the judges of the High Court of Justice (other than the Presidents 
of Divisions) : Be it enacted, that the ordinary judges of the Court 
of Appeal shall be styled Lords Justices of Appeal, and the judges 
of the High Court of Justice (other than the Presidents of Divisions) 
shall be styled Justices of the High Court. 

5. A puisne judge of the High Court of Justice means for the Definition of 
purposes of this Act a judge of the High Coui-t of Justice other P«i«°e judge, 
than the Lord Chancellor, the liOrd Chief Justice of England, the 

Master of the Rolls, the Lord Chief Justice of the Common Pleas, 
and the Lord Chief Baron, and their successors respectively. 

6. Section thirty-four of the Supreme Court of Judicature Act, Continuation 
1S75, shall be construed as if the first day of January one thousand ^f^^ if gl^^'of 
eight hundred and seventy-nine were therein inserted in lieu of as & 39 Vict, 
the first day of January one thousand eight hundred and seventy- c. 77. 
seven. 



[tiIK law RKP0RT8.] H 

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114 



Ch. J 0. Cmionis d& Inland Revenue {Duties on Offices, &c.), 40 Vict. 



39 & 40 Vict, 
c. 16. 



CoDtinuauce 
of duties on 
pensions 
payable out 
of public 
revenue. 



Short title. 



CHAPTER 10. 

An Act to authorise the continuance of the Charge 
heretofore payable on certain Offices, Annuities, Pen- 
sions, and Allowances. [17th May 1877-] 
"11/^ HERE AS by or ia pursuance of the Acts mentioned in the 
▼ ▼ Schedule hereto, or some of them, duties of one shilling and 
of sixpence and of four shillings in tlie pound are payable in respect 
of certain salaries, pensions, or allowances, and such duties have, 
where such salaries, pensions, and allowances are charged on public 
revenue, been deducted before payment is made of such salaries, 
{tensions, or alldwanees, but in other cases have been assessed by 
the Commissioners of Land Tax before they become payable : 

And whereas doubts are entertained whether the repeal of the 
said Acts by the Customs and Inland Revenue Act, 1876, has not 
extended, contrary to the intention of Parliament, to the duties so 
deducted in respect of salaries, pensions, and allowances charged on 
public revenue, as well as to the duties so assessed by the Com- 
missioners of Land Tax : 

Be it enacted by the Queen's most Excellent Msyesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. The said duties of one shilling and of sixpence and of four 
shillings in the pound payable in respect of the salaries, pensions, 
and oQier allowances charged on public revenue, and heretofore 
deducted before payment of such salaries, pensions, and allow- 
ances, shall continue to be deducted from such salaries, pensions, 
and allowances, and to be paid and payable in the like manner 
as if the said Customs and Inland Revenue Act had not passed, 
and the repeal by the last-mentioned Act of the Acts in the Schedule 
hereto shall be deemed to extend and to have extended only to 
the duties aforesaid in cases where they are directed to be assessed 
by the Commissioners of Land Tax. 

2. This Act may be cited for all ]mrposes as the Customs and 
Inland Revenue Amendment Act, 1877. 



Session and Chapter. 



7 Geo. I.Stat. I.e. 27. ■ 
49Geo.3. c. 32. - 
6 Geo. 4. c. 9. 



6 & 7 Will. 4. c. 97. 



SCHEDULE. 



Title or abbreviated Title. 



' An Act for raising a sum not exceeding five hundred 

I thousand pounds, &c. 

I An Act for continuing and making perpetual several 
duties of one shilling and sixpence, &c. 

I An Act for continuing to His Maje3ty for one year 
certain duties on personal estates, offices, and pen- 
sions in England, &c. 

! An Act for continuing and making perpetual the duty 
on certain offices and pensions. 



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W7. Judicial Proceedings (Eating), Ch. 11. 115 

CHAPTER U. 

An Act to make provision with respect to Judicial proceed- 
ings in certain cases relating to Rating. 

[17th May 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spkitual and 
Temporal, and Commons, in this present Parliament assembled, 
and by the authority of the same, as follows ; (that is to say,) 

1. No judge shall be incapable of acting in his judicial office in Judges may 
any proceeding, whether commenced before or after the passing of *°* ^° certain 
this Act, by reason of his being, as one of several ratepayers, or J^^rates.* ^^^ 
as one of any other class of persons, liable, in common with the 

others, to contribute to or to be benefited by any rate which may be 
increased, diminished, or in any way affected by such proceeding. 

2. No act, matter, or thing which before the passing of this Act Certain acts 
has been done, made, or executed by any judge prior to the passing ^^^^ before 
of this Act, shall hereafter be quashed, or declared void because of this Acf 
the same has been so made, done, or executed by any judge who pot to be 
may have been, as one of several ratepayers, or as one of any other i^^^a^'d^^ed. 
class of persons, liable, in common with the others, to contribute to 

or to be benefited by any rate which may have been increased, 
diminished, or in any way aflfected by such act, matter, or thing. 

3. In this Act, if not inconsistent with the context, the following Interpreta- 
words and expressions have the meanings herein-after respectively ^i^"- 
assigned to them ; that is to say, 

" Judge *' means — 

As to EDgland, any Judge of Her Majesty's High Court of 
Justice, or Her Majesty's Court of Appeal, or of any of the 
Superior Courts of Law or Equity in England as they 
existed before the constitution of Her Majesty's High 
Court of Justice : and 
As to Ireland, any Judge of any of the Superior Courts 

of Law or Equity at Dublin ; and 
As to Scotland, any Judge of the High Court of Session ; 

and 
As to the United Kingdom, any Lord of Appeal, or Peer 
of Parliament, when sitting and voting in the House of 
Lords, upon the hearing of any matter brought before that 
House by way of error, or appeal from any other Court. 
"Rate" means any rate, tax, duty, or assessment, whether 
public, general or local, and also any fund formed from the 
proceeds of any such rate, tax, duty, or assessment, or appli- 
cable to the same, or like purposes to which any such 
rate, tax, duty, or assessment might be applied. 



H 2 

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IIG 



Ch. 12, 13. 



Consolidated Fund (0^5,900,000). 



40 Vict. 



Issue of 
5,900,000/. 
out of the 
Consolidated 
Fund for the 
service of 
the year end- 
ing 31st 
March 1878. 

Power to 
the Treasury 
to borrow. 



CHAPTER 12. 

An Act to apply the sum of five million nine hundred 
thousand pounds out of the Consolidated Fund to the 
service of the year ending the thirty-first day of March 
one thousand eight hundred and seventy-eight. 

[11th June 1877.] 
Most Gracious Sovereign, 
TT7E, Your Majesty's most dutiful and loyal subjects, the Com- 
▼ ▼ mons of the United Kingdom of Great Britain anji Ireland, 
in Parliament assembled, towards making good the supply which 
we have cheerfully granted to Your Majesty in this session of 
Parliament, have resolved to grant unto Your Majesty the sum 
herein-afker mentioned; and do therefore most humbly beseech 
Your Majesty that it may be enacted ; and be it enacted by the 
Queen's most Excellent Majesty, by and with the advice and consent 
of the Lords Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, as follows : 

1. The Commissioners of Her Majesty's Treasury for the time 
being may issue out of the Consolidated Fund of the United Eong- 
dom of Great Britain and Ireland, and apply towards making good 
the supply granted to Her Majesty for the service of the year ending 
on the thirty-first day of March one thousand eight hundred and 
seventy-eight, the sum of five million nine hundred thousand 
pounds- 

2. The Commissioners of the Treasury may borrow from time to 
time on the credit of the said sum, any sum or sums not exceeding 
in the whole the sum of five million nine hundred thousand pounds, 
and shall repay the moneys so bon-owed, with interest not exceeding 
five pounds per centum per annum, out of the growing produce 
of the Consolidated Fund at any period not later than the next 
succeeding quarter to that in which the said sums were borrowed. 

Any sums so borrowed shall be placed to the credit of the account 
of Her Majesty's Exchequer, and shall form part of the said Con- 
solidated Fund, and be available in any manner in which such fund 
is available. 



CHAPTER 13. 

An Act to grant certain Duties of Customs and Inland 
Revenue, and to amend the Laws relating to Customs, 
Inland Revenue, and Savings Banks. 

[11th June 1877.] 
Most Gracious Sovereign, 

W'E, Your Majesty's most dutiful and loyal subjects, the Commons 
of the United Kingdom of Great Britain and Ireland, in Par- 
liament assembled, towards raising the necessary supplies to defray 
Your Majesty's public expenses, and making an addition to the 
public revenue, have ireely and voluntarily resolved to give and 
grant unto Your Majesty the several duties herein-after mentioned, 
and do therefore most humbly beseech Your Majesty that it may be 



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1877. Customs, Inland Revenue, a/nd Savings Banks. Ch. 13. 117 

eDacted ; and be it enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. This Act may be cited as " The Customs, Inland Kevenue, Short title. 
and Savings Banks Act^ 1877." 

Part I. 

CustoTos. 

2. The duties of Customs now charged on tea shall continue to ^"^^^ *>f 
be levied and charged on and after the first day of August one duties'ou 
thousand eight hundred and seventy-seven until the first day of tea. 
August one thousand eight hundred and seventy-eight on importation 

into Great Britain or Ireland ; (that is to say,) 

Tea, the pound - - . - Sixpence. 

3. The provisions of the one hundred and second section of l*rovi8ions as 
"The Customs Consolidation Act, 1876," as to warehoused and *^ ^^^PJ^^"* 
drawback goods shall apply also to all other goods except so far goods. 

as rehites U) their entry and clearance before shipment. 39 & 40 Vict. 

4. The time within which actions against officers of Customs ^.^**' 
contemplated by section two himdred and seventy-two of " The acJilfng^^ 
Customs Consolidation Act, 1876," may be commenced shall be and against 

is hereby extended to two months. ^^a^ ^^ 

5. In all informations, prosecutions, suits, or proceedings at the " 

suit of the Crown under the Customs Acts the same rule as to costs ^^^^ ^^ q^^ 
shall be observed as in suits or proceedings between subject and toms cases, 
subject. 

Part II. 

Ta^xes. 

6. There shall be charged, collected, and paid for the year com- Grant of 
mencing on the sixth day of April one thousand eight hundred and ^^^^^^ ^^ 
seventy-seven, in respect of all property, profits, and gains mentioned 

or described as chargeable in the Act of the sixteenth and seventeenth 
years of Her Majesty's reign, chapter thirty-four, the following 
duties of income tax ; (that is to say,) 
For every twenty shillings of the annual value or amount of 
property, profits, and gains chargeable under Schedules (A.), 
(C), (D.), or (E.) of the said Act, the duty of threepence ; 
And for every twenty shillings of the annual value of the occupation 
of lands, tenements, hereditaments, and heritages chargeable 
under Schedule (B.) of the said Act, — 

In England, the duty of one penny halfpenny ; 
In Scotland and Ireland respectively, the duty of one 
penny farthing. 

7. All such provisions contained in any Act relating to income Provisions of 
tax as were in force on the fifth day of April one thousand eight ^c^™® Tax 
hundred and seventy-seven, shall have full force and effect with apply to 
respect to the duties of income tax granted by this Act, so far as duties hereby 
the same shall be consistent with the provisions of this Act ; and g™"'ed. 

for the purposes of this Act the year one thousand eight hundred 
and sixty-two, mentioned in the forty-third section of the Act of 



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118 



5 & 6 Vict, 
c. 35. 8. 32. 
and 23 & 24 
Vict. c. 14. 
s. 6. (re- 
pealed by 
Customs and 
Inland Re- 
venue Act, 
1876) revived 
and to apply. 

Provisions 
of Income 
Tax Acts 
to apply to 
duties to be 
granted for 
succeeding 
year. 



Assessment 
of income tax 
under Sche- 
dules (A.) 
and (B.) and 
of the inha- 
bited house 
duties for 
the year 
1877-7S. 



Ch. 13. CustomSy Inland Mevenue, and Savings Ba/nJca. 40 Vict. 

the twenty-fifth and tweoty^aixth years of Her Majesty's reign, 
chapter twenty-two, shall be read as and deemed to mean the year 
one thousand eight hundred and seventy seven. 

Section thirty-two of the Act of the lifth and sixth years of Her 
Majesty's reign, chapter thirty*five, and section six of the Act of 
the twenty-third and twenty-fourth years of Her Majesty's reign, 
chapter fourteen, which were repealed by " The Customs and Inlaiid 
Revenue Act, 1876," are hereby revived, and shall have full force 
and effect with respect to the duties granted by this Act, and 
chargeable under the said Schedule (E.) 

8. In order to ensure the collection in due time of any duties 
of income tax which may be granted for the year commencing on 
the sixth day of April one thousand eight hundred and seventy- 
eight, all such provisions contained in any Act relating to the 
duties of income tax as are in force on the fifth day of April one 
thousand eight hundred and seventy-eight shall have full force and 
effect with respect to the duties of income tax which may be so 
granted, in the same manner as if the said duties had been actually 
granted, and the said provisions had been applied thereto, by an 
Act of Parliament passed on that day : Provided that nothing in 
this section shall be deemed to render necessary or authorise tiie 
appointment of assessors for such of the said duties as may be 
payable under Schedules (A) and (B.) of the said Act of the 
sixteenth and seventeenth years of Her Majesty's reign, chapter 
thirty-four. 

9. With respect to the itssessment of the duties of income tax 
hereby granted under Schedules (A.) and (B.) in respect of property 
elsewhere than in the metropolis, as defined by " The Valuation 
(Metropolis) Act, 1869," and of the duties on inhabited houses else- 
where than in the said metropolis, for the year commencing on the 
sixth day of April one thousand eight hundred and seventy-seven, 
the following provisions shall have eff*ect : 

(1.) The inspectors or surveyors of taxes shall be the assessors for 
the said duties, and in lieu of the poundage by law granted 
to be divided between the assessors and collectors in regard 
to such duties there shall be paid a poundage of three 
halfpence to the collectors thereof. 

(2.) The sum charged as the annual value of any property in the 
assessment of income tax thereon for the year which com- 
menced on the sixth day of April one thousand eight 
hundred and seventy-six, and the sum charged as the 
annual value of every inhabited house in the assessment 
made thereon for the same year, shall be taken as the 
annual value of such property or of such inhabited house 
for the assessment and charge thereon of the duties of 
income tax hereby granted, or of inhabited house duty, 
to all intents and purposes as if such sum had been 
estimated to be the annual value in conformity with the 
provisions in that behalf contained in the Acts relating 
to income tax and the duties on inhabited houses respec- 
tively. 

(3.) The Commissioners executing the said Acts shall for each 
place within their district cause duplicates of the assess- 



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1877. Customs, InUmd Bevenvs, and Savings Banks. Ch. 13. Ill) 

ments to be nmde out and delivered to the collectors, 
together with the warrants for collecting the same. 
(4.) The commissioners executing the said Acts in England shall 
for each place within their district appoint such persons, 
being inhabitants of the place, as they shall think fit, to 
be collectors of the duties, in like manner as if such 
persons had been presented to them by assessors in con- 
formity with the said Acts. 

Part III. 

Excise. 

10. Where any judgment shall be given by any justice or justices On notice 
of the peace in Ireland on any complaint or information exhibited flpeaUrom 
by any officer of Excise under any of the laws relating to the Excise, decision of 
and the party against whom such judgment shall be given shall justices in 
give to the said justice or justices notice of appeal therefrom in the ^^^^of 
manner required by the Act of the seventh and eighth years of conviction or 
King George the Fourth, chapter fifty-three, the said justice or acquittal to 
justices shall, three clear days at least before the commencement of ^-^^ ^^ ^^ 
the quarter sessions at which the appeal is to be heard, lodge with the peace, 
the clerk of the peace a record of the conviction or acquittal, as the 

case may be. Every such record shall and lawfully may be in the Form as in 
form set forth in the Schedule to this Act, with such variations as Schedule, 
may be required by the circumstances of the case. 

11. Whereas in the eleventh section of the Act of the eighteenth Alteration of 
and nineteenth years of Her Majesty's reign, chapter thirty-eight, ^^^^^^^ ^ 
reference is made to the provisions of the Act of the eleventh and c. sa. s. ii. 
twelfth years of Her Majesty's reign, chapter one hundred and 
twenty-one, and for the purpose of the Statute Law Revision it is 
advisable to alter the terms of such reference : 

Be it enacted, that the said section shall be read as applying in 
regard to certificates, forms of requisition, and other documents to 
be used under the provisions of the Act, the provisions contained 
in the Act of the twenty-third and twenty-fourth years of Her 
Majesty's reign, chapter one hundred and fourteen, in lieu of those 
contained in any section of the said Act of the eleventh and twelfth 
years of Her Majesty's reign, repealed by ^' The Statute Law Revision 
Act, 1875.'' 

Part IV. 

Sta'nix>s. 

12. On and after the first day of October next all inventories Transmission 
of the personal or moveable estate and effects of deceased persons »"<? custody 
which shall be exhibited and recorded in Scotland, under the pro- ^^ scotUnd.^^ 
visions of any Act of Parliament, shall, together with tlic oath 

or affirmation relating thereto, be transmitted by the commissary 
clerks or the sheriff clerks as often as required to the Controller of 
Legacy and Succession Duties, at his office in Edinburgh, instead of 
the Solicitor of Inland Revenue there, and all inventories to be 
lodged in conformity with the Act of the twenty-third and twenty- 
fourth years of Her present Majesty, chapter eighty, shall be lodged 
with the said Controller instead of the said Solicitor, <ind the said 



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120 



Abolition of 
duties on 
appoint- 
ments to 
benefices. 



Payment 
into Ex- 
cheqaer of 
BorpluB 
interest from 
Poet Office 
Savings 
Banks Fond. 
24 & 25 Vict, 
c. 14. 



Payment 
into Exche- 
quer of Bor- 
plos interest 
from the 



Ch. 13. Cusloma, Inland Revenue^ mid Savmgs Bamka. 40 Vict. 

Solicitor shall transfer all inventories which have at any time 
theretofore been filed in his office to the said Controller, and the 
said Controller shall have the custody of all inventories so transferred 
and all inventories so transmitted, and shall file and preserve the 
same at his office in Edinburgh, and all enactments relating to any 
such inventories shaD be read as if the officer to or with whom 
inventories are thereby directed to be transmitted or lodged were the 
Controller of Legacy and Succession Duties in Edinburgh. 

13« After the passing of this Act the duties charged under the 
Act thirty-three and thirty-four Victoria, chapter ninety-seven, uj)on 
appointment, whether by way of donation, presentation, or nomi- 
nation, and admission, collation, or institution to, or license to hold 
any benefice specified in Schedule B. to this Act^ shall cease to be 
payable. 

Part V. 
Savings Banks, 

14. Whereas in pursuance of the Post Office Savings Banks Act, 
1861, and the Acts amending the same, all moneys deposited in 
the Post Office Savings Banks in excess of the sums withdrawn by 
depositors are paid over to the Commissioners for the Reduction 
of the National Debt and invested by them in securities in their 
names to the credit of *'The Post Office Savings Banks Fund,'' 
and it is intended that where the interest accrued firora such 
securities in any year is insufficient to meet the interest required 
by the [said Acts to be paid and credited during that year to 
depositors, and the expenses incurred during that year in the 
execution of the said Acts, such deficiency should be paid out of 
moneys provided by Parliament ; and it is expedient to provide 
for the disposal of any surplus of the interest so accrued above the 
interest so paid and credited and the said expenses : Be it therefore 
enacted as follows : 

Where the annual account herein-after mentioned of the Com- 
missioner for the Brcduction of the National Debt shows that 
in the year for which the said account is made up the gross amount 
of interest accrued from the securities standing in their names tu 
the credit of the Post Office Savings Banks Fund exceeded the 
interest paid and credited during the year to depositors in pursuance 
of the Acts relating to Post Office Savings Banks, and the expenses, 
including a sum, to be determined bj^ the Treasury, to provide 
against depreciation in the value of the securities, incurred during 
the year in the execution of those Acts, the Commissioners for the 
Brcduction of the National Debt shall, within three months after 
the date at which the said account is laid before Parliament, cause 
the amount of such surplus to be paid out of the Post Office 
Savings Banks Fund into the Exchequer in such manner as may 
from time to time be agreed on between the Commissioners of 
Her Majesty's Treasury and the Commissioners for the Reduction of 
the National Debt. 

15. Whereas in pursuance of the Acts relating to Savings Banks 
the sums received from trustees of savings banks have been invested 
by the Commissioners for the Reduction of the National Debt in 
securities in their names to the credit of *' The Fund for the Banks 



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^/f/^^ ^* * ^ ' ^ fa*^ < .#•— • J^^'^ ^*^ ^«^ ^^ /1<t*# /%*^W ^/ ^"'^'^ /^^^r^r^r^Ar^ 

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1877. CWtom«, Jti^iic2 ^t;ent&6, ami jSfai/in^^ jBariX:^. Ch. 18, 14 l%9 

considered the premises, do hereby convict [or acquit^ as the case may he\ 
tbo said of the offence \ot offences] charged in the said 

complaint \pT information] (adding in case of conviction), and I [or we] 
do hereby declare and adjudge that he has forfeited for the said offence [or 
offeuces] the penalty of {and if the penalty is mitigated 

sag\ which said penalty I [or we] do, by virtue of the statute in that case 
made and proyidedt mitigate to the sum of to be paid 

and accounted for as directed by the statutes in that behalf [where wore 
than one offence is charged, state the particular count or counts upon 
which the defendant is convicted^. Given under my hand and seal [or our 
hands and seals] at aforesaid, in the said of 

, this day of , 

in the year of our Lord one thousand eight hundred and 

SCHEDULE B. 

Stamp Duties repealed. 

Charged under 33 & 34j Vict. c. 97. 

Appointment, whether by way of donation, presentation, or nomination, 
;j!i(l .admission, collation, or institution to or license to hold — 
Any ecclesiastical benefice, dignity, or promotion, 
curacy— 
In Eno[land : 

If the net value thereof exceeds — 
£ £ 

50 and does not exceed 100 
100 „ „ 150 

150 „ „ 200 

200 „ „ 250 

250 „ „ 300 

300 - - - - - 

And also (if such yearly value exceeds £300) 
for every £100 of such yearly value over 
and above £200, a further duty of - 
In Scotland ----- 



3r 


any 


perpetual 


£ 


s. 


d. 


I 








2 








3 








4 








5 








7 








5 








2 









A 



CHAPTER 14. 

An Act for the Amendment of the Law of Evidence in 
certain cases of Misdemeanor. [28th June 1877.] 

WHEREAS it is expedient further to amend the law of 
evidence : 

Be it therefore enacted by the Queen a most Excellent Mnjesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. On the trial of any indictment or other proceeding for tlie Defendant, 
non-repair of any public highway or bridge, or for a nuisance to J"*^^^'^! ^l 
any public, highway, river, or bridge, and of any other indictment defendant! may 
or proceeding instituted for the purpose of trying or enforcing a bo witness in 
civU right only, every defendant to such indictment or proceeding, ^^^*"" ^^a^*- 
and the wife or husband of any such defendant, shall be admissible 
witnesses and compellable to give evidence. 



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124 



Ch. 16. Public Libraries Act (Ireland) Amendment, 40 & 41 Vict. 



18 & 19 Vict, 
c. 40. 



Short title. 



InterpretaUon. 

Powers of 
principal Act 
extended to 
schools of 
music. 



CHAPTER 15. 

ftx4A^^7/r^ 'J?* An Act to amend the Public Libraries Act (Ireland), 
^ ^ ' 1855. [28th June 1877.J 

WHEREAS it is expedient to amend the Public Libraries Act 
(Ireland), 1855, in the maimer herein-after mentioned : 
Be it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

L In citing this Act for any purpose whatever it shall be 
sufficient to use the expression "The Public Libraries (Ireland) 
Amendment Act, 1877." 

2. The term " principal Act " shall mean the Public Libraries 
Act (Ireland), 1855. 

3. The terms " science and art " and ** schools of science and art " 
used in the said principad Act shall be deemed to include the 
science and art of music and schools of music respectively ; and th^ 
council or board of any borough or the town commissioners of any 
town shall be at liberty to apply such portion as they may deem 
fit of the rate which they are or may be authorised to levy, under 
the provisions of the principal Act, towards the maintenance and 
support of, and payment of the salaries of teachers of a school or 
schools of music, and the purchase of musical instruments, books, 
and other requisites for the use of such school or schools. 

4. The committee in which the general management, regulation, 
and control of such libraries, u^iseums, or schools may be vested 
under the provisions of the twelfth section of the principal Act, may 
consist in part of persons not members of the council or board, or 
commissioners. 

5. For carrying the principal Act and this Act into execution 
the council, board, or commissioners respectively may, with the 
approval of the Commissioners of Her Majesty's Treasury, from time 
to time borrow, at interest, on the security of a mortgage or bond 
of the borough fund or the town fund, or of the rates levied in 
pursuance of the principal Act, such sums of money as may be by 
them respectively required, and the Commissionei*s of Public Works 
in Ireland may from time to time advance and lend any such sums 
of money. The clauses and provisions of the Companies Clauses 
Consolidation Act, 1845, with respect to the borrowing of money on 
mortgage or bond, and the accountability of officers, and the recovery 
of damages and penalties, so far as such provisions may respectively 
be applicable to the purposes of the principal Act and of this Act, 
shall be respectively incorporated therewith. 

Principal Act Q^ ^['he said principal Act and this Act shall be read and construed 
rrcl^Bft^ed together a« one Act. 

as one Act 



Constitution of 
the committee 
of manage- 
ment. 



Powers to 
borrow on 
mortgage. 



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1 877. Memoval of Wrecks. Ch. IC. 1 25 

CHAPTER 16. 

An Act to facilitate the removal of Wrecks obstructing 
Navigation. [28tli June 1877. | 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Tem- 
poral, and Commons, in this present Parliament assembled, and by 
the authority of the same, as follows : 

1. This Act may be cited as the Removal of Wrecks Act, 1877. /Short title. 

2. This Act shall not apply to ships belonging to Her Majesty/ Application 

3. In this Act,— J^^' . 
The term " harbour " includes haihours properly so called, ©f terma!**'^" 

whether natural or artificial, estuaries, navigable rivers, piers, 
jetties, and other works in or at which ships can obtain 
shelter, or ship and unship goods or passengers ; 

The term "tidal water" means any part of the sea and any 
part of a river within the ebb and flow of the tide at 
ordinary spring tides, and not being a harbour ; 

The term " harbour authority " includes all persons or bodies 
of persons, corporate or imincorporate, being proprietors of, 
or intrusted with the duty or invested with the power of 
constructing, improving, managing, regulating, maintaining, 
or lighting a harbour ; 

The term " conservancy authority " includes all persons or 
bodies of persons, corporate or unincorporate, intrusted with 
the duty or invested with the power of conserving, main- 
taining, or improving the navigation of a tidal water ; and 

The term " general lighthouse authority " has the same meaning .- « . ^. 
as it has in the Merchant Shipping Act, 1854. ^ 104 *^ * 

4. Where any vessel is sunk, stranded, or abandoned in any ^^^^^ ^^^ 
harbour or tidal water under the jurisdiction of a harbour or con- harbour or 
servancy authority, or in or near any approach thereto, in such conservancy 
manner as in the opinion of the authority to be, or be likely to J^moTe^wreck 
become, an obstruction or danger to navigation in that harbour or 

water, or in any approach thereto, the authority may take poases- 
sion of and raise, remove, or destroy the whole or any part of the^ ^ ti 
vessel, and may light or buoy any such vessel or part until the^^'^^P^dS'^ ^^ 
raising, removal, or destruction thereof, and may sell, in such manner 
as they think fit, any vessel or part so raised or removed, and also 
any other property recovered in the exercise of their powers under 
this Act, and may out of the proceeds of such sale reimburse them- 
selves for the expenses incurred by them under this Act, and shall 
hold the surplus, if any, of such proceeds in trust for the persons 
entitled thereto. 

Provided as follows : 

(1.) Except in the case of property which is of a perishable 
nature, or which would deteriorate in value by delay, 
a sale shall not be made under this Act until at least 
seven clear days notice of the intended sale has been 
given by advertisement in some locals newspaper cir- 
culating in or near the district over which the authority 
have jurisdiction; and 



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126 



Ch. 16, 17. 



Removal of Wrecks. 



40 & 41 Vict. 



Power fot 
general light- 
house aatbo' 
ritj to remote 
wreck. 



%te 



i^<!-^t> 



Powers of 
removal to 
extend to 
tackle, cargo, 

&c. I 



Power for 
Board of Trade 
to dietemiiiie 
certain ques- 
tions between 
authorities. 



Powers of 
Act cumula- 
tive. 



(2.) At any time before any property is sold under this Act, 
the owner thereof shall be entitled to have the same 
delivered to him on pajnnent to the authority of the 
fair market value thereof, to be ascertained by agree- 
ment between the authority and the owner, or failing 
such agreement by some person to be named for the 
purpose by the Board of Trade, and the sum paid to the 
authority as the value of any property under this pro- 
vision shall, for the purposes of this Act, be deemed to 
be the proceeds of sale of that property. 

5. Where any vessel is sunk, stranded, or abandoned in any 
fairway, or on the seashore, in the United Kingdom, the Channel 
Islands, or the Isle of Man, or any of the adjacent seas or islands, 
and there is not any harbour or conservancy authority having power 
to i^ise, remove, or destroy the same, the general lighthouse autho- 
rity for that part of the United Kingdom in or near which the 
vessel is situate shall, if in their opinion tlie same is or is likely 
to become an obstruction or danger to navigation, have the same 
powers in relation thereto as are by this Act conferred upon a 
harbour or conservancy authority. 

All expenses incunid by the general lighthouse authority under 
this Act, and not reimbursed in manner provided by this Act, shall 
be paid out of the Mercantile Marine Fund. 

6. The provisions of this Act shall apply to every article or thing 
or collection of things being or forming part of the tackle, equip- 
ments, cargo, stores, or ballast of a vessel in the same manner a^ if 
it were included in the term " vessel," and for the purposes of this 
Act any proceeds of sale arising from a vessel and from the cargo 
thereof, or any other property recovered thereftx)ni, shall be regarded 
as a common fund. 

1. If any question aidses between a harbour or conservancy 
authority on the one hand and a general lighthouse authority on 
the other hand, as to their respective powers under this Act in 
I'elation to any place being in or near an approach to a harbour or 
tidal water, the same shall, on the application of either authority, 
be referred to the decision of the Boarcl of Trade, and that decision 
shall be final. 

8. The powers conferred by this Act shall be deemed to be icL 
addition to and not in derogation of any other powers for the like 
object. 



CHAPTER 17. 

An Act to amend the Law relating to the Division* of 
Courts of Quarter Sessions in Boroughs. 

[28tli June 1877.] 

WHEREAS by the Act of the session of the seventh year of 
William the Fourth and the first of Her Majesty, chapter 
nineteen, provision is made for the better despatch of business in 
courts of quarter sessions for corporate cities or towns by the 
division of such courts, and by the appointment of an assistant 
barrister to preside in one division of any such court : 



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1877. Qmiier SesBiona (Boi^auglis). Ch. 17, 18. 127 

And whereas under the provisions of the said Act a resolution 
of the town council approving of the exercise of the powers of 
the said Act is required upon each occasion upon which such powers 
are proposed to be exercised, and it is provided that the assistant 
hamster and the assistant officers of the court shall not be entitled 
to claim remuneration for more than two days : 
And whereas it is expedient to amend the said Act : 
Be it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. Where a resolution of the council of a corporate city or town Amendment of 
approving of the exercise of the powers of the recited Act has !5^'*'^,q 
been passed and certified as directed by the first section of the 

said Act, the i-esolution and the certificate thereof shall, if the reso- 
lution so provides, continue in force during twelve months from 
the date of the resolution, and during such continuance no fresh 
resolution or certificate shall be necessary. 

2. It shall be lawful for the council of any corporate city or increase of 
town, with the consent of one of Her Majesty's Principal Secretaries *^™? ^^^ ^^^^^ 
of State, from time to time, by resolution, to extend from two to ^^^^^ ^^ 
not exceeding four the number of days for which an assistant others may be 
barrister, assistant clerk of the peace, or additional crier shall be remunerased. 
entitled to claim remuneration under the provisions of the recited 

Act ; any such resolution may be made for such period and subject 
to revocation in such manner as the said Secretary of State approves. 



CHAPTER 18. oaaJ^ q^ v^>»^^ H ^W^^lt 

An Act to consolidate and amend the Law relating to ItSi/^l^^ 
Leases and Sales of Settled Estates. [28tli June 1877.] 

TITHEREAS it is expedient to consolidate and amend the law 
V T relating to leases and sales of settled estates : 

Be it enacted by the Queen's most Excellent Mioesty,by and with 
the advice and consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the authority 
of the same, as follows : 

1. This Act may be cited for all purposes as " The Settled Estates Short title. 
Act, 1877." 

2. The word " settlement " as used in this Act shall signify interpretation 
any Act of Parliamient, deed, agreement, copy of court roll, will, or «^"8««Je- 
other instrument, or any number of such instruments, under or by ™gettle^^ 
virtue of whiqh any hereditaments of any tenure or any estates estates/' 

or interests in any such hereditaments stand limited to or in trust 
for any persons by way of succession, including any such instru- 
ments affecting the estates of any one or more of such persons 
exclusively. 

The term " settled estates " as used in this Act shall signify all 
hereditaments of any tenure, and all estates or interests in any such 
hereditaments, which are the subject of a settlement; and for the 



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128 Ch. 18. Settled Estates. 40 & 41 Vict- 

purposes of this Act a tenant-in-tail after possibility of issue extinct 
shall be deemed to be a tenant for life. 

All estates or interests in remainder or reversion not disposed 
of by the settlement, and reverting to a settlor or descending to 
the heir of a testator, shall be deemed to be estates coming to such 
settlor or heir under or by virtue of the settlement. 

In determining what are settled estates within the meaning of 
this Act, the Court shall be governed by the state of facts, and by 
the trusts or limitations of the settlement at the time of the said 
settlement taking effect. 
Interpretation 3. The expression " the Court " in this Act shall, so far as relates 
of" the Court." to estates in England, mean the High Court of Justice, and all 
causes and matters in respect of such estates commenced or con* 
tinned under this Act shall, subject to the provisions of the Judicature 
Acts, be assigned to the Chancery Division of the High Court of 
Justice in like manner as if such causes and matters had arisen 
under an Act of Parliament by which, prior to the passing of the 
Judicature Acts^ exclusive jurisdiction in respect to such causes and 
matters had been given to the Court of Chancery, or to any judges 
or judge thereof respectively. 

The expression " the Court " in this Act shall, so far as relates 
to estates in Ireland, mean the Court of Chancery in Ireland. 
Power to ' 4. It shall be lawful for the Court, if it shall deem it proper and 

of M^tled^^***^' consistent with a due regard for the interests of all parties entitled 
estates. under the settlement, and subject to the provisions and restric- 

tions in this Act cont^^ined, to authorise leases of any settled estates, 
or of any rights or privileges over or affecting any settled estates, 
for any purpose whatsoever, whether involving waste or not, pro- 
vided the following conditions be observed : 

First. Every such lease shall be made to take effect in possession 
f^^tft^ d jL ^ c y ^^ ^^ within one year next after the making thereof, and shall 
<- "--'-■ 1^ ^^j. ^ term of years not exceeding for an agiicultural or 

occupation lease, so far as relates to estates in England twenty- 
one years, or so far as relates to estates in Ireland thirty-five 
years, and for a mining lease or a lease of water miUs, way 
leaves, water leaves, or other rights or easements forty years, 
and for a repairing lease sixty years, and for a building lease 
ninety-nine years : Provided always, that any such lease (except 
an agricultural lease) may be for such term of years as the 
Court shall direct, where the Court shall be satisfied that it 
is the usual custom of the district and beneficial to the inherit- 
ance to grant such a lease for a longer term than the term 
herein-before specified in that behalf: 
Secondly. On every such lease shall be reserved the best rent 
or reservation in the nature of rent, either uniform or not, 
that can be reasonably obtained, to be made payable half yearly 
or ofbener without taking any fine or other benefit in the nature 
of a fine : Provided always, that in the case of a mining lease, 
a repairing lease, or a building lease a peppercorn rent or any 
smaller rent than the rent to be ultimately made payable may^ 
if the Court shall think fit so to direct, be made payable during 
all or any part of the first five years of the term of the 
lease : 



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1877. SetOed Estates. Ch. 18. 129 

Thirdly. Where the lease is of any earth, coal, stone^ or mineral^ 
a certain portion of the whole rent or payment reserved shall 
be from time to time set aside and invested as herein-after 
mentioned^ namely, when and so long as the person for the 
time being entitled to the receipt of such rent is a person 
who by reason of his estate or by virtue of any declaration 
in the settlement is entitled to work such earth, coal, stone, 
or mineral for his own benefit, one fourth part of such rent, 
and otherwise three fourth parts thereof ; and in every such 
lease sufficient provision shall be made to ensure such appli- 
cation of the aforesaid portion of the rent by the appointment 
of trustees or otherwise as the Court shall deem expedient: 

Fourthly. No such lease shall authorise the felling of any trees 
except so far as shall be necessary for the purpose of clearing 
the ground for any buildings, excavations, or other works 
authorised by the lease : 

Fifthly. Every such lease shall be by deed, and the lessee shall 
execute a counterpart thereof, and every such lease shall con- 
tain a condition for re-entry on nonpayment of the rent for a 
period of twenty-eight days after it becomes due, or for some 
less period to be specified in that behalf 

5. Subject and in addition to the conditions herein-before men- Leaaesmay 
tioned, every such lease shall contain such covenants, conditions, ^°J^^**^ 
and stipulations as the Court shall deem expedient with rAforPfi^ft ^>,fy;^Tr.^/v, /^ 
to the special circumstances of the demise. 

6. The power to authorise leases conferred by this Act shall Parts of settled 
extend to authorise leases either of the whole or any parts of the J^]^"™*^ 
settled estates, and may be exercised from time to time. 

7. Any leases, whether granted in pursuance of this Act or other- Leases may be 
wise, may be surrendered either for the purpose of obtaining a ^^cne^d. 
renewal of the same or not, and the power to authorise leases con- 
ferred by this Act shall extend to auUiorise new leases of the whole 

or any part of the hereditaments comprised in any surrendered 

lease. Power to 

8. The power to authorise leases conferred by this Act shall J^^^^^^^*^ 
extend to authorise preliminary contracts to grant any such leases, preliminary 
and any of the terms of such contracts may be varied in the leases, contracts. 

9. All the powers to authorise and to grant leases contained Powers of 
in this Act shall be deemed to include respectively powers to ^^^^^ ^^J^" 
authorise the lords of settled manors and powers to the lords of to"lor£'o? 
settled manors to give licenses to their copyhold or customary settled manor 
tenants to grant leases of lands held by them of such manors to the J^ ^e^p^Jf^^yf ^ 
same extent and for the same purposes as leases may be authorised hold or custom- 
er granted of freehold hereditaments under this Act. ary tenants 

10. The power to authorise leases conferred by this Act may be *® ^* '®*f ^ 
exercised by the Court either by approving of particular leases or ^^g ^ay be^ 
by ordering that powers of leasing, in conformity with the pro- authorised, 
visions of this Act, shall be vested in trustees in manner herein- 
after mentioned. 

U. When aj^lication is made to the Court either to approve of W^t e^^n^ 
a particular lease or to vest any powers of leasing in trustees, the ^^ an^ppMca- 
Court shall require the applicant to produce such evidence as it tion to autho- 
shall deem sufficient to enable it to ascertain the nature, value, "se leases. 

[thb law rbportb.] I 

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130 



Ch. 18. 



Settled Estates. 



40 & 41 Vict. 



who shall be 
the lessor. 



Powers of 
leasing may 
be vested in 
trustees. 



and circumstances of the estate, and the terms and conditions on 
which leases thereof ought to be authorised. 
After approval 12. When a particidar lease or contract for a lease has been 
Court^direct ^-Pproved by the Court, the Court shall direct what person or 
persons shall execute the same as lessor ; and the lease or contract 
executed by such person or persons shall take effect in all respects 
as if he or they was or were at the time of the execution thereof 
absolutely entitled to the whole estate or interest which is bound 
by the settlement, and had immediately afterwards settled the same 
according to the settlement, and so as to operate (if necessary) by 
way of revocation and appointment of the use or otherwise, as the 
Court shall direct. 

13. Where the Court shall deem it expedient that any general 
powers of leasing any settled estates conformably to this Act should 
be vested in trustees, it may by order vest any such power accord- 
ingly either in the existing trustees of the settlement or in any 
other persons, and such powers, when exercised by such trustees, 
shall take effect in all respects as if the power so vested in them 
had been originally contained in the settlement, and so as to 
operate (if necessary) by way of revocation and appointment of 
the use or otherwise, as the Court shall direct ; and in every such 
case the Court, if it shall think fit, may impose any conditions as 
to consents or otherwise on the exercise of such power, and the 
Court may also authorise the insertion of provisions for the appoint- 
ment of new trustees from time to time for the purpose of exercising 
such powers of leasing as aforesaid. 

14. Provided always, that in orders under this Act for vesting 
any powers of leasing in any trustees or other persons, no con- 
ditions shall be inserted requiring that the leases thereby authorised 

be submitted to or be settled by the Court or a judge 
thereof, or be made conformable with a model lease deposited in the 
judge's chambers, save only in any case in which the parties apply- 
ing for the order may desire to have any such condition inserted, 
or in which it shall appear to the Court that there is some special 
reason rendering the insertion of such a condition necessary or 
expedient. 

15. Provided also, that in all cases of orders (whether tmder 
this Act or under the corresponding enactment of the Acts hereby 
repealed) in which any such condition as last aforesaid shall have 
been inserted, it shall be lawful for any party interested to apply to 
the Court to alter and amend such order by striking out such 
condition, and the Court shall have full power to alter the same 
accordingly, and the order so altered shall have the same validity 
as if it had originally been made in its altered state ; but nothing 
herein contained shall make it obligatory on the Court to act under 
this provision in any case in which from the evidence which was 
before it when the order sought to be altered was made, or from 
any other evidence, it shall appear to the Court that there is any 
special reason why in the case in question such a condition is 
necessary or expedient. • 

16. It shall be lawful for the Court, if it shall deem it proper and 
consistent with a due regard for the interests of all parties entitled 
under the settlement, and subject to the provisions and restrictions 



Conditions that 
leases be settled 
bj the Court 
not to be in- 
serted in orders should 
made under 
this Act 



Conditions 
where inserted 
may be struck 
out. 



'9« 



Court may 
authorise sales 
of settled 
estates and 
of timber. 



iZ.. 



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1877. SetOed Estates. Ch. 18. 131 

in this Act contained, from time to time to authorise a sale of the 
whole or any parts of any settled estates or of any timber (not 
heiog ornamental timber) growing on any settled estates^ and every 
such sale shall be conducted and confirmed in the same manner 
as by the rules and practice of the Court for the time being is 
or shall be required in the sale of lands sold under a decree of the 
Court. ^ 

VI. It shall be lawful for the Court, if it shall deem it proper Proceedinga ^aV*-^ a 
and consistent with a due regard for the interests of all parties ^^^ protection. 4f^\ VlWi 
who are or may hereafter be entitled under the settlement, and C'S^^^^if, 

subject to the provisions and restrictions in this Act contained, to 
sanction any action, defence, petition to Parliament, parliamentary 
opposition, or other proceedings appearing to the Court necessary 
for the protection of any settled estate, and to order that all or any 
part of the costs and expenses in relation thereto be raised and 
paid by means of a sale or mortgage of or charge upon all or any 
part of the settled estate, or be raised and paid out of the rents and 
profits of the settled estate, or out of any moneys or investments 
representing moneys liable to be laid out in the purchase of here- 
ditaments to be settled in the same manner as the settled estate, 
or out of the income of such moneys or investments, or out of any 
accumulations of rents, profits, or income. 

18. When any land is sold for building purposes it shall be Consideration 
lawful for the Court, if it shaU see fit, to allow the whole or any foJ^^^jfaSj* 
part of the consideration to be a rent issuing out of such land, may be a fee- 
which may be secured and settled in such manner as the Court shall &"» rent, 
approve. 

19« On any sale of land any earth, coal, stone, or mineral may Minerals, &c. 
be excepted, and any rights or privileges may be reserved, and the ?S^f^^^^" 
piurchaser may be required to enter into any covenants or submit to 
any restrictions which the Court may deem advisable. 

20. It shall be lawful for the Court, if it shall deem it proper Court may 
and consistent with a due regard for the interests of all parties auihorise dedi- 
entitled under the settlement, and subject to the provisions and ^^Jj^ofsettied 
lestiictions in this Act contained, from time to time to direct that estates for 
any part of any settled estates be laid out for streets, roads, paths, streets, roads, 
squares, gardens, or other open spaces, sewers, drains, or water- ^o^kg. ^^ 
courses, either to be dedicated to the public or not ; and the Court 

may direct that the parts so laid out shall remain vested in the 
trustees of the settlement, or be conveyed to or vested in any other 
trustees upon such trusts for securing the continued appropriation 
thereof to the purposes aforesaid in all respects, and with such pro- 
visions for the appointment of new trustees when required, as by 
the Court shall be deemed advisable. 

21. Where any part of any settled estates is directed to be laid As to laying 
out for such purposes as aforesaid, the Court may direct that any ^"j*^e™^'°^ 
such streets, roads, paths, squares, gardens, or other open spaces, an^ maintain- 
sewers, drains, or watercourses, including all necessary or proper ing streets, 
fences, pavings, connexions, and other works incidental thereto ^^^' ^^^kg 
respectively, be made and executed, and that all or any part of the and expenses 
expenses in relation to such laying out and making and execution thereof. 

be raised and paid by means of a sale or mortgage of or charge 
upon aU or any part of the settled estates, or be raised and paid 

I 2 



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132 



Ch. 18. 



Settled Estates. 



40 & 41 Yicr. 



How sales and 
dedications are 
to be effected 
under the 
direction of 
the Court. 



Application by 
petition to 
exercise powers 
conferred by 
this Act 



With whose 
consent such 
application 
to be made. 



\;/^f/u^ 



Court may 
dispense with 
consent in 
respect of 
certain estates. 



given to per- 
sons who do 
not consent to 



out of the rents' and profits of the settled estates or any part 
thereof, or out of any moneys or investments representing moneys 
liable to be laid out in the purchase of hereditaments to be settled 
in the same manner as the settled estates, or out of the income 
of such moneys or investments, or out of any accumulations of 
rents, profits, or income : and the Court may also give such direc- 
tions as it may deem advisable for any repair or maintenance of 
any such streets, roads, paths, squares, gardens, or other open spaces, 
sewers, drains, or watercourses, or other works, out of any such 
rents, profits, income, or accumulations during such period or 
periods of time as to the Court shall seem advisable. 

22. On every sale or dedication to be effected as herein-before 
mentioned the Court may direct what person or persons shall exe- 
cute the deed of conveyance ; and the deed executed by such person 
or persons shall take effect as if the settlement had contained a 
power enabling such person or persons to effect such sale or dedica- 
tion, and so as to operate (if necessary) by way of revocation and 
appointment of the use or otherwise, as the Court shall direct. 

23. Any person entitled to the possession or to the receipt of the 
rents and profits of any settled estates for a term of years deter- 
minable on his death, or for an estate for life or any greater estate, 
and also any person entitled to the possession or to the receipt of 
the rents and profits of any settled estates as the assignee of any 
person who but for such assignment would be entitled to such 
estates for a term of years determinable with any life, or for an 
estate for any life or any greater estate, may apply to the Court by- 
petition in a summary way to exercise the powers conferred by this 
Act. 

24. Subject to the exceptions herein-afber contained, every appli- 
cation to the Court must be made with the concurrence or consent 
of the following parties ; namely, 

Where there is a tenant-in-tail under the settlement in existence 
and of full age, then the parties to concur or consent shall be 
such tenant-in-tail, or if there is more than one such tenani-in- 
tail, then the first of such tenants-in-tail and all persons in 
existence having any beneficial estate or interest under or by 
virtue of the settlement prior to the estate of such tenani-in- 
tail, and all trustees having any estate or interest on behalf of 
any unborn child prior to the estate of such tenant-in-tail ; 

And in every other case the parties to concur or consent shall be 
all the persons in existence having any beneficial estate or 
interest under or by virtue of the settlement, and also all 
trustees having any estate or interest on behalf of any unborn 
child. 

25. Provided always, that where an infant is tenant-in-tail 
under the settlement, it shall be lawful for the Court, if it shall 
think fit, to dispense with the concurrence or consent of the person, 
if only one, or all or any of the persons, if more than one, entitled, 
whether beneficially or otherwise, to any estate or interest subse- 
quent to the estate tail of such infant. 

26. Provided always, that where on an application under this 
Act the concurrence or consent of any such person as aforesaid shall 
not have been obtained, notice shall be given to such person in such 



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1877. Settled SstcOes. Ch. 18. 133 

manner as the Court to which the application shall be made shall or concar in 

direct, requiring him to notify within a time to be specified in such *^ application. 

notice whether he assents to or dissents from such application, or Cjl. 1^2. 

submits his rights or interests so far as they may be affected by 

such application to be dealt with by the Court, and every such 

notice shall specify to whom and in what manner such notification 

is to be delivered or left. In case no notification shall be delivered 

or left in accordance with the notice and within the time thereby 

limited, the person to or for whom such notice shall have been 

given or left shall be deemed to have submitted his rights and 

interests to be dealt with by the Court. 

27. Provided also, that where on an application ui^der this Act Court may dis- 
the concuiTcnce or consent of any such person as aforesaid shall not P*^*® ^^ 
have been obtained, and in case such person cannot be found, or in certain circum- 
case it shall be uncertain whether he be living or dead, or in case it stances, 
shall appear to the Court that such notice as aforesaid cannot be 

given to such person without expense disproportionate to the value 
of the subject-matter of the application, then and in any such case 
the Court, if it shall think fit, either on the ground of the rights or 
interests of such person being small or remote, or being similar to 
the rights or interests of any other person or persons, or on any 
other ground, may by order dispense with notice to such person, 
and such person shall thereupon be deemed to have submitted his 
rights and interests to be dealt with by the Court. 

28. An order may be n^ade upon any application notwithstanding Court may dis- 
that the concurrence or consent of any such person as aforesaid shall g^^j^^?* ^^^' 
not have been obtained or shall have been refused, but the Court in regard to*Se 
considering the application shall have regard to the number of p^imberand 
persons who concur in or consent to the application, and who ^^^** °^ 
dissent therefrom or who submit or are to be deemed to submit 

their rights or interests to be dealt with by the Court, and to the 
estates or interests which such persons respectively have or claim to 
have in the estate as to which such application is made ; and every 
order of the Court made upon such application shall have the same 
effect as if all such persons had been consenting parties thereto. 

29. Provided nevertheless, that it shall be lawful for the Court, Petition may 
if it shall tliink fit, to give effect to any petition subject to and so ^^^f^^^^^^ 
as not to affect the rights^ estate, or interest of any person whose ^nt,^s^ving' 
concurrence or consent has been refused, or who has not submitted rights of non- 
or is not deemed to have submitted his rights or interests to be p^^^gg^*"^ 
dealt with by the Court, or whose rights, estate, or interest ought 

in the opinion of the Court to be excepted. 

30. Notice of any application to the Court under this Act shall Notice of appu- 
be served on all trustees who are seised or possessed of any estate ^*^^° ^o^n 
in trust for any person whose consent or concurrence to or in the trustees, &c. 
application is hereby required, and on any other parties who in the 

opinion of the Court ought to be so served, unless the Court shall 
think fit to dispense with such notice: 

3L Notice of any application to the Court under this Act shall. Notice of appli- 
if the Court shall so direct, but not otherwise, be inserted in such ca*»oii.'o ^ 
newspapers as the Court shall direct, and any person or body cor- ^pere^^f"*^*' 
porate, whether interested in the estate or not, may apply to the Court direct 
Court by motion for leave to be heard in opposition to or in support 



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134 



Ch. 18. 



Settled Estates. 



40 & 41 Vict. 



No application 
under this Act 
to be granted 
where a similar 
application has 
been rejected 
by FarUament. 

Notice of the 
exercise of 
powers to be 
given as di- 
rected by the 
Court. 



Payment and 
application of 
moneys arising 
from sales or 
set aside out 
of rent, &c. 
reserved on 



mining leases. 



Trustees may 
apply moneys 
in certain cases 
without ap- 
plication to 
Court. 



Until money 
can be applied 
to be invested, 
and dividends 
to be paid to 
parties entitled. 



of any application which may be made to the Court under this Act ; 
and the Court is hereby authorised to permit such person or corpor- 
ation to appear and be heard in opposition to or support of any 
such application, on such terms as to costs or otherwise, and in sudi 
manner, as it shall think fit. 

32. The Court shall not be at liberty to grant any application 
under this Act in any case where the applicant, or any party 
entitled, has previously applied to either House of Parliament for a 
private Act to eflfect the same or a similar object, and such appli- 
cation has been rejected on its merits, or reported against by the 
judges to whom the Bill may have been referred. 

33. The Court shall direct that some sufficient notice of any 
exercise of any of the powers confen-ed on it by this Act shall be 
placed on the settlement or on any copies thereof, or otherwise 
recorded in any way it may think proper, in all cases where it 
shall appear to the Court to be practicable and expedient for pre- 
venting fraud or mistake. 

34. All money to be received on any sale effected under the 
authority of this Act, or to be set aside out of the rent or payments 
reserved on any lease of earth, coal, stone, or minerals as aforesaid, 
may, if the Court shall think fit, be paid to any trustees of w^hom 
it shall approve, or otherwise the same, so far as relates to estates 
in England, shall be paid into Court ex parte the applicant in the 
matter of this Act, and so far as relates to estates in Ireland, shall 
be paid into the Bank of Ireland to the account of the Accountant- 
General ex parte the applicant in the matter of this Act ; and such 
money shall be applied as the Court shall from time to time direct 
to some one or more of the following purposes, namely, — 

So far as relates to estates in England the purchase or redemption 
of the land tax, and so far as relates to estates' in Ireland the 
purchase or redemption of rentcharge in lieu of tithes, Crown 
rent, or quit rent. 

fhe discharge or redemption of any incumbrance affecting the 
hereditaments in respect of which such money was paid, or 
affecting any other hereditaments subject to the same uses or 
trusts; or 

The purchase of other hereditaments to be settled in the same 
manner as the hereditaments in respect of which the money 
was paid ; or 

The payment to any person becoming absolutely entitled. 

35. The application of the money in manner aforesaid may, if 
the Court shall so direct, be made by the trustees (if any) without 
any application to the Court, or otherwise upon an order of the 
Court upon the petition of the person who would be entitled to 
the possession or the receipt of the rents and profits of the land if 
the money had been invested in the purchase of land. 

36. Until the money can be applied as aforesaid, the same shall 
be invested as the Court shaU direct in some or one of the invest- 
ments in which cash under the control of the Court is for the time 
being authorised to be invested, and the interest and dividends of 
such investments shall be paid to the person who would have been 
entitled to the rents and profits of the land if the money had been 
invested in the purchase of land. 



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1877. SetOed Estates. Ch. 18. 135 

37. Where any purcbase money paid into court under the pro- 9(>art may 
visions of this Act shall have been paid in respect of any lease for ^J^n of money 
a life or lives or years, or for a life or lives and years, or any estate in respect of 
in lands less than the whole fee simple thereof, or of any reversion ^^^^ o^ "^^e^- 
dependent on any such lease or estate, it shall be lawful for the appew^justJ 
Court on the petition of any party interested in such money to 
order that the same shall be laid out, invested, accumulated, and 
paid ia such manner as the said Court may consider will give to 
the parties interested in such money the same benefit therefrom as 
they might lawfully have had from the lease, estate, or reversion 
in respect of which such money shall have been paid, or as near 
thereto as may be. 

38. The Court shall be at liberty to exercise any of the powers Court may 
conferred on it by this Act, whether the Court shall have aheady J^f^j^ai^^^^ 
exercised any of the powers conferred by this Act in respect of the may not ex- 
same property or not ; but no such powers shall be exercised if an ercise them if 
express declaration that they shall not be exercised is contained ^^^^ 
in the settlement : Provided always, that the circumstance of the 
settlement containing powers to effect similar purposes shall not 
preclude the Court from exercising any of the powers conferred by 
this Act, if it shall think that the powers contained in the settle- 
ment ought to be extended* 

39. Nothing in this Act shall be construed to empower the Conrtnotto 
Court to authorise any lease, sale, or other act beyond the extent ^^act^ifhich 
to which in the opinion of the Court the same might have been conid not have 
authorised in and by the settlement by the settlor or settlors. been authorised 

40. After the completion of any lease or sale or other act under ^^ ^^ ^^' 
the authority of the Court, and purporting to be in pursuance of q^q^ -^ ^_ 
this Act, the same shall not be invalidated on the ground that the fessed pursu- 
Court was not hereby empowered to authorise the same, except ^^^V^^V 
that no such lease, sfiJe, or other act shall have any effect against invalidated, 
such person as herein mentioned whose concurrence or consent 
ought to be obtained, or who ought to be served with notice, or in 
respect of whom an order dispensing with such service ought to 

be obtained in the case where such concurrence or consent has not 
been obtained and such service has not been made or dispensed 
with. 

41. It shall be lawful for the Court, if it shall think fit, to order Costs, 
that all or any costs or expenses of all or any parties of and incident 

to any application under this Act shall be a charge on the here- 
ditaments which are the subject of the application, or on any other 
hereditaments included in the same settlement and subject to the 
same limitations ; and the Court may also direct that such costs 
and expenses shall be raised by sale or mortgage of a sufficient 
part of such hereditaments, or out of the rents or profits thereof, 
such costs and expenses to be taxed as the Court shall direct. \ 

42. General rules and orders of Court for carrying into effect Rules and >"^</ 9^, 
the purposes of this Act, and for regulating the times and form and orders. i^p^vAAy^;^ 
mode of procedure, and generally the practice of 'the Court in ' 
respect of the matters to which this Act relates, and for regulating 

the fees and allowances to all officers and solicitors of the Court 
in respect to such matters, shall be made so far as relates to pro- 
ceedii^ in England by any three or more of the following persons, 



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136 



Ch. 18. 



Settled Eatatea. 



40 & 41 Vict. 



Bules and 
orders to be 
laid before 
Parliament. 



of whom the Lord Chancellor shall be one, namely, the Lord Chan- 
cellor, the Lord Chief Justice of England, the Master of the Rolls, 
the Lord Chief Justice of the Common Pleas, the Lord Chief Baron 
of the Exchequer, and four other judges of the Supreme Court of 
Judicature to be from time to time appointed for the purpose by the 
Lord Chancellor in writing under his hand, such appointment to 
continue for such time as shall be specified therein, and so far as 
relates to proceedings in Ireland by any three or more of the fol- 
lowing persons, of whom the Lord Chancellor of Ireland shall be 
one, namely, the Lord Chancellor of Ireland, the Lord Chief Justice 
of Ireland, the Master of the Rolls in Ireland, the Lord Chief 
Justice of the Common Pleas, and the Lord Chief Baron, and four 
other judges of the superior courts in Ireland to be from time to 
time appointed for the purpose by the Lord Chancellor of Ireland in 
writing under his hand, such appointment to continue for such time 
as shall be specified therein, and such rules and orders may from 
time to time be rescinded or altered by the like authorities respec- 
tively, and all such rules and orders shall take effect as general 
orders of the Court. 

43. All general rules and orders made as aforesaid shall be laid 
before each House of Parliament within forty days after the 
making thereof if Parliament is then sitting, or if not, within forty 
days after the commencement of the then next ensuing session, and 
if an address is presented to Her Majesty by either House of Par- 
liament within the next subsequent forty days on which the said 
House shall have sat, praying that any such rule or order may be 
annulled. Her Majesty may thereupon by Order in Council annul 
the same, and the rule or order so annulled shall thenceforth become 
void and of no effect, but without prejudice to the validity of any 
proceedings which may in the meantime have been taken under 
the sama 

44. Tlie powers vested in the High Court of Justice by this- Act 
may, so far as relates to estates within the County Palatine of 
Lancaster, be exercised also by the Court of Chancery of the said 
County Palatine ; and general rules and orders of Court for the 
purposes aforesaid, so far as relates to proceedings in the said Court 
of the said County Palatine, shall be made by the Chancellor of 
the Duchy and County Palatine of Lancaster, with the advice and 
consent of any one or more of the persons authorised under this 
Act to concur in the making of general rules and orders relating 
to proceedings in England, and also with the advice and consent 
of tlie Vice-Chancel lor of the said County Palatine. 

Application for 45. It shaU and may be lawful for any person who under the 

lease or sale in provisions of this Act may make an application to the Court of 

^Tu)LM!ded Chancery in Ireland for the lease or sale of a settled estate, instead 

Estates Court, of making such application to the said Court of Chancery in Ireland 

to apply to the Landed Estates Court, Ireland, for the purpose 

of having the lease or sale of such settled estate under the said 

last-mentioned Court ; and thereupon it shall be lawful for the said 

Landed Estates Court, Ireland, to exercise all the powers conferred 

upon the Court of Chancery in Ireland in relation to leases or sales 

of such nature under the provisions of this Act, save that the 

Judge in the case of a sale shall himself execute the conveyance 



Concurrent 
jurisdiction of 
the Court of 
Chancery of 
the County- 
Palatine of 
Lancaster. 



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1877. SetOed Estates, Ch. 18. 137 

to the puTchnser under such sale, and save that such conveyance 
shall have the like operation and effect, and confer such indefeasible 
title to the purchaser as if such sale had been made and such con- 
veyance had been executed upon an application for the sale of an 
incumbered estate under the Act of the twenty-first and twenty- 
second years of Her Majesty, chapter seventy-two : Provided always, 
that the Landed Estates Court, Ireland, shall make such investi* 
gation of the title and circumstances of the said estates as shall 
appear expedient, and also in cases of sales as in other cases pre- 
liminary to sales conducted in the said Landed Estates Court, 
Ireland: Provided also, that every decision and order in the course 
of such proceedings shall be subject to appeal to the Court of Appeal 
in Chancery as m other eases under the said Act. 

46. It shall be lawful for any person entitled to the possession Tenants for 
or to the receipt of the rents and profits of any settled estates for ^'^®» f;^* ™*y 
an estate for any life, or for a tenn of years determinable with any ^2] j^. 
life or lives, or for any greater estate, either in his own right or in 
right of his wife, unless the settlement shall contain an express Jf dD, ^^ 
declai*ation that it shall not be lawful for such person to make such f - 

demise ; and also for any person entitled to the possession or to the 
receipt of the rents and profits of any unsettled estates as tenant 
hy the courtesy, or in dower, or in right of a wife who is seised in 
fee, without any application to the Court, to demise the same or 
any part thereof, except the principal mansion house and the 
demesnes thereof, and other lands usually occupied therewith, from 
time to time, for any term not exceeding twenty-one years so far 
as relates to estates in England, and thirty-five years so far as 
relates 4x> estates in Ireland, to take effect in possession at or within 
one year next after the making thereof ; provided that every such 
demise be made by deed, and the best rent that can reasonably 
be obtained be thereby reserved, without any fine or other benetit 
in the nature of a fine, which rent shall be incident to the immediate 
reversion ; and provided that such demise be not made without 
impeachment of waste, and do contain a covenant for payment of 
the rent, and such other usual and proper covenants as tiie lessor 
shall think fit, and also a condition of re-entry on nonpayment of 
the rent for a period of tv^enty- eight days after it becomes due, or 
for some less period to be specified in that behalf ; and provided 
a counterpart of every deed of lease be executed by the lessee. 

47* Every demise authorised by the last preceding section shall Against whom 
be valid against the person granting the same, and all other persons »»c|» l?**^i. j 
entitled to estates subsequent to the estate of such person under * e v d. 
or by virtue of the same settlement if the estates be settled, and in 
the case of unsettled estates against the wife of any husband grant- 
ing such demise of estates to which he is entitled in right of such 
Wife, and against all persons claiming through or under tlie wife 
or husband (as the case may be) of the person granting the same. 

48. The execution of any lease by the lessor or lessors shall Evidence of 
be deemed sufficient evidence that a counterpart of such lease has e^«cation of 
been duly executed by the lessee as required by this Act. JeaSe by^iwsee. 

40. All powers given by this Act, and all applications to the Provision as 
Court under this Act, and consents to and notifications respecting |o in^ts, 
such applications, may be executed, made, or given by, and aU '*^**««»*»- 



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138 Ch. 18. SetOed Estates. 40 & 41 yicr. 

notices under this Act may be given to guardians on behalf of 
infants, and by or to committees on behalf of lunatics, and by or 
to trustees or assignees of the property of bankrupts, debtors in 
liquidation, or insolvents : Provided nevertheless, that in the cases 
of infant or lunatic tenants-in-tail no application to the Court or 
consent to or notification respecting any application may be made 
or given by any guardian or committee without the special direction 
of the Court. 
A married 50. Where a married woman shall apply to the Court, or consent 

woman apply- to an application to the Court, under this Act, she shall first be 
Cmiit or^con- examined apart from her husbajid touching her knowledge of the 
sentiDg to be nature and effect of the application, and it shall be ascertained that 
atamined apart fjjj^ freely desires to make or consent to such application ; and such 
hos'band! examination shall be made whether the hereditaments which aje 

i // / A ^^^ subject of the application shall be settled in trust for the 
l/^t^ff^l} b ft separate use of such married woman independently of her husband 
^ V or not ; and no clause or provision in any settlement restraining 

anticipation shall prevent the Court from exercising, if it shall 
think fit> any of the powers given by this Act, and no such exercise 
shall occasion any forfeiture, anything in the settlement contained 
to the contrary notwithstanding. 
Ezaminatioii 51. The examination of such married woman when resident 
of married within the jurisdiction of the Court to which such application is 
be^made^^^ made, shall be made either by the Court or by some solicitor duly 
residing within appointed by the Court for that purpose, who shall certify under 
the jurigdiction his hand that he has examined her apart from her husband and is 
and how ^en Satisfied that she is aware of the nature and effect of the intended 
residing with- application, and that she freely desires to make or consent to the 
out such juris- same. And when the married woman is resident out of the juris- 
ction. diction of the Court to which such application is made, her exami- 

nation may be made by any person appointed for that purpose by 
the Court, whether he is or is not a solicitor of the Court, and sudi 
person shall certify under his hand to the effect herein-before pro- 
vided in respect of the examination of a married woman resident 
within the jurisdiction. And the appointment of any such person 
not being a solicitor shall afford conclusive evidence that the married 
As to applica- ^^man was at the time of such examination resident out of the 
tion by or con- jurisdiction of the Court. 

sent of married 52. Subject to such examination as aforesaid, married women 
whether of foU ^^^7 make or consent to any applications, whether they be of full 
age or under age or infieints. 

■^®- ^ , 53. Nothing in this Act shall be construed to create any' obli- 

to'mf^^r^^ gation on any person to make or consent to any application to the 
consent to ap- Court or to exercise any power. 

plication, &c. 54. For the purposes of this Act, a person shall be deemed 
Tenants for to be entitled to the possession or to the receipt of the rents 
deemed entiUed ^^^ profits of estates, although his estate may be charged or 
notwithstand- incumbered either by himself or by the settlor, or otherwise bow- 
ing incum- soever, to any extent ; but the estates or interests of the parties 
*^^^' entitled to any such charge or incumbrance shall not be affected 

by the acts of the person entitled to the possession or to the 
receipt of the rents and profits as aforesaid unless they shall concur 
therein. 



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1877. 



Settled Estates. 



Ch. 18. 



56. Provided always, that nothing in this Act shall authorise 
any sale or lease beyond the term of twenty-one years of any 
settled estates in respect of which, under the Act of the thirty- 
fourth and thirty-fifth years of King Henry the Eighth, chapter 
twenty, " to embar feigned recovery of lands wherein the Bang's 
" Majesty is in reversion/' or under any other Act of Parliament, 
the tenants-in-tail are restrained from barring or defeating their 
estates tail, or where the reversion is vested in the Crown. 

56. Nothing in this Act shall authorise the granting of a lease 
of any copyhold or customary hereditaments not warranted by the 
custom of the manor without the consent of the lord, nor otherwise 
prejudice or affect the rights of any lord of a manor, 

57. This Act shall, except as herein-after provided, apply to all 
matters existing at the time of the passing of this Act, whether 
proceedings are actually pending or not, and any proceedings in 
any such matter may be continued or taken under this Act as if 
the matter originated under this Act, or may be continued or taken 
under the Acts hereby repealed, or partly under this Act and 
partly under the said repealed Acts as occasion may require : Pro- 
vided always, that the provisions in this Act contained respecting 
demises to be made without application to the Court shall extend 
only to settlements made after the first day of November one 
thousand eight hundred and fifty-six. 

58. The Acts specified in the schedule to this Act are hereby 
repealed : Provided always, that this repeal shall not affect anything 
done or any proceeding taken under any enactment hereby repealed. 

50. Nothing in this Act shall interfere with the exercise of any 
powers to auljiorise or grant leases conferred by any Act of Parlia- 
ment not expressly repealed by this Act. 

60. This Act shall not extend to Scotland. 

61. This Act shall commence on the first day of November 
one thousand eight hundred and seventy-seven. 



139 

Exception as 
to entails 
created by Act 
of Parliament. 



Saving rights 
of Irfrda of 
manors. 



To what settle- 
ments this Act 
to extend. 



Repeal of ActsJ^eXt! 
specified in «5/$t, sLMJ 
schedule. y^^^^y^Jj^ 

Saving. 



Extent of Act. 

Commence- 
ment of Act 



SCHEDULE. 



Session and Chapter. 



Tide or Short Title. 



19 & 20 Vict. c. 120. 
21 & 22 Vict. c. 77. 

27 & 28 Vict. c. 45. 

37 & 38 Vict. c. 33. 

39&40Tict.c.30. 



An Act to facilitate leases and sales of Settled Estates. 
An Act to amend and extend the Settled Estates Act of 

1856. 
An Act to further amend the Settled Estates Act of 

1856. 
The Leases and Sales of Settled Estates Amendment Act, 

1874. 
The Settled Estates Act, 1876. 



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140 Ch 19. Public Works Loans. 40 & 41 Vicr. 

CHAPTER 19. 

An Act to grant Money for the purpose of Loans by the 
Public Works Loan Commissioners, and authorise those 
Commissioners to compound. a loan and interest, and 
amend the Public Works Loans Act, 1876. 

[12th July 1877.] 

88 &39 Vict. TTTHEREAS by the Public Works Loans Act, 1875, and other 

^' ®^* ▼ ▼ Acts, the Public Works Loan Commissioners are authorised 

to make loans for the purposes therein mentioned, and it is expe* 

dient to grant the money herein-after mentioned for the purpose of 

such loans : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 
Short title. 1. This Act may be cited as the Public Works Loans Act, 1877. 

Grant of 2. For the purpose of loans by the Public Works Loan Com- 

4,000,000^ for missioners, any sum or sums not exceeding in the whole four 
theperiST^ million pounds may be issued out of the Consolidated Fund of the 
ending the 30th United Kingdom, or the growing produce thereof, in manner pro- 
of June 1878. vided by the Public Works Loans Act, 1875, during the period 
ending on the thirtieth day of June one thousand eight hundred 
and seventy-eight, or on any earlier day at which a further Act 
authorising the issue of money for the purpose of the said loans 
comes into operation. 

The Treasury may, in the manner and subject to the limita- 
tions provided by the Public Works Loans Act, 1875, borrow the 
said sum or any part thereof. 
Composition of 3. Whereas in the month of March one thousand eight hundred 
^^j^h^r and sixty-seven, under the enactments then in force in that behalf, 
Wh^aroh. ^he Public Works Loan Commissioners, in pursuance of an appli- 
cation from the churchwardens and overseers of the parish of Whit- 
church in the county ofSoutliampton, made with the consent of the 
inhabitants in vestry assembled, advanced a loan of two thousand 
pounds for the purpose of enlarging and repairing the parish church 
of the said parish, and the churchwardens and overseers of the said 
parish assigned the rates of the said parish as a security for the 
repayment of the loan, which was to be repaid in twenty years by 
yearly instalments of one hundred pounds each, with interest at 
four per centum per annum : 

And whereas sums amounting in the whole to six hundred and 
fifty-one pounds or thereabouts have been repaid by the parish to 
the Public Works Loan Commissioners in respeet of the principal 
and interest of the said loan, but there remains unpaid sixteen 
hundred and seventy-five pounds, or thereabouts, witli interest! 
thereon at four per centum per annum from the eighteenth day of 
March one thousand eight hundred and seventy-one : 

And whereas in the year one thousand eight hundred and sixty- 
eight difficulties arose in enforcing the mte made for the purpose of 
raising the sums due to the Public Works Loan Commissioners, 
and legal proceedings were taken to enforce the payment of such 



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1877- Pvhlic Works Loans, Ch. 19, 20. 141 

rate, which were ultimately iinsucceasfdl, and of which the church- 
wardens were ordered to pay the costs : 

And whereas in consequence of the said difficulties and proceed- 
ings persons declined to serve in the office of churchwarden of the 
said parish^ and no instalments of principal and no interest have 
been paid, and no rate for the purpose of raising such instalments 
or interest has been made since the month of March one thousand 
eight hundred and seventy-one : 

And whereas doubts have arisen as to the power of the Com- 
missioners -to enforce payment of the instalments of principal and 
interest due between the eighteenth of March one thousand eight 
hundred and seventy-one and the eighteenth of March one thousand 
eight hundred and seventy-six, and difficulties exist in enforcing 
a rate for the payment of any instalments of principal and interest 
on the said loan : 

And whereas the churchwardens of the parish, on behalf of the 
inhabitants thereof, have offered to pay to the Public Works Loan 
Commissioners a sum of one thousand pounds by way of com- 
position for the principal and interest of the said loan, and it is 
expedient to authorise the Commissioners to accept the same : Be 
it therefore enacted as follows : 

The Public Works Loan Commissioners may compound the debt 
due to them from the parish of Whitchurch, in the county of South- 
ampton, in respect of the said loan for the sum of one thousand 
pounds, and on the payment of that sum to the Commissioners the 
said debt shall be extinguished. 

4. This Act shall come into operation on the first clay of July Commence- 
one thousand eight hundred and seventy-seven. ™®°* of Act 



CHAPTER 20. 

An Act to fix the Salaries of the Members of the Royal 
Irish Constabulary, and to amend the eleventh section 
of the Constabulary (Ireland) Amendment Act, 1870. 

[12th July 1877.] 

WHEREAS by section two of the Constabulary (Ireland) Act, 87 & 38 Vict. 
1874, provision was made for the grant of revised salaries ^' ^' " 
to the members of the Constabulary Force in Ireland ; and the con- 
tmuance of the payment of the said revised salaries is now by law 
limited to the first day of July one thousand eight hundred and 
seventy-seven, and it is expedient that such limitation should be 
repealed, and provision should be made for continuing the payment 
of such revised salaries ; and also for amending the eleventh section 38 & S4 Vict 
of the Constabulary (Ireland) Amendment Act, 1870 : ®- ®^- 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal^ and Commons, in this present Parliament assembled^ and 
by the authority of the same, as follows : 

L From and after the passing of this Act, so much of the Act Contmoation 
passed in the session of Parliament held in the thirty-eighth and of^>««d 
thirty-ninth years of the reign of Her present Majesty, chapter 



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142 



Oh. 20, 21, 



Amendment of 
33 & 34 Vict, 
c. 83. 



Short title. 



Royal Irieh Gonstcibvlary. 40 & 41 Vict. 



forty-four, as limits to the first day of July one thousand eight 
hundred and seventy-seven, the time during which the revised 
salaries therein mentioned shall continue to be pjdd shall be and 
the same is hereby repealed ; and the said salaries shall continue 
to be paid from and after the first day of July one thousand eight 
hundred and seventy-seven from time to time as and when they 
shall become due respectively. 

2. It shall be lawful for the Lord Lieutenant, by and with the 
advice of Her Majesty's Privy Council in Ireland, to alter or vary 
from time to time the numbers of sub-inspectors and head constables 
fixed by the eleventh section of the Constabulary (Ireland) Amend- 
ment Act, 1870, to such numbers as the Lord Lieutenant, by and 
with such advice as aforesaid, may from time to time consider to 
be required, not exceeding the numbers fixed by the said section 
for each of the said ranks respectively. 

3. This Act may be cited for all purposes as " The Constabulary 
(Ireland) Amendment Act, 1877." 



Cmiiiq^^^^. 



Short title of 
Act. 

Commence- 
ment of Act. 



CHAPTER 21. 

An Act to amend the Law relating to Prisons in England. 

[12th July 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Tem- 
poral, and Commons, in this present Parliament assembled, and by 
the authority of the same, as follows : 

Prdkainary, 

1. This Act may be cited for all purposes as the Prison Act, 1877. 

2. This Act shaU, except as is herein-after otherwise provided, 
and, except in so far as relates to the making of rules by the 
Secretary of State, in pursuance of any power transferred to or 
vested in the Secretary of State by this Act, which rules may be 
made at any time after the passing of this Act, come into operation 
on the first day of April one thousand eight hundred and seventy- 
eight, which day is herein -after referred to as the commencement 
of this Act. 

3. This Act shall not extend to Scotland or Ireland, but shall 
apply to all prisons belonging to any prison authority as defined by 
the Prison Act, 1865. 

PART I. 

Transfer and Adbonistration of Prisons. 

Transfer of Prisons. 

Maintenanoe of 4.' On and after the commencement of this Act all expenses 
prisons and incurred in respect of the maintenance of prisons to which this Act 

or^ubu"funL *PPl^^j *^^ ^^ ^^® prisoners therein, shall be defrayed out of moneys 
o pu c un . p^^^^ i^y Parliament. 



Application of 

Act 

28 & 29 Vict. 

c. 126. 



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1877. Prisons. Oh. 21. 143 

5« Subject as in this Act mentioned — PriaonB to Test 

(1.) The prisons to which this Act applies, and the furniture ^^^^^^ ®^ 

and effects belonging thereto ; also 
(2.) The appointment of all officers, and the control and 
safe custody of the prisoners in the prisons to which 
this Act applies ; also all powers and jurisdiction at 
common law or by Act of Parliament or by charter 
vested in or exerciseable by prison authorities or the 
justices in sessions assembled, in relation to prisons or 
prisoners within their jurisdiction, 
shall, on and after the commencement of this Act, be transferred to, 
vested in, and exercised by one of Her Majesty's Principal Secretaries 
of State, in this Act referred to as the Secretary of State. 

ABMINISTBATION of PBISON& 

Prison Com/missioners. 

6. For the purpose of aiding the Secretary of State in carr3mig Appointment 
into effect the provisions of this Act relating to prisons, Her Majesty ^.^^j^^^^" 
may, on the recoiomendation of the Secretary of State, at any time 

and from time to time after the passing of this Act by warrant under 
her sign manual appoint any number of persons to be Commissioners . 
during Her Majesty's pleasure, so that the whole number of Com- 
missioners appointed do not at any one time exceed five, and may, 
on the recommendation of the Secretary of State, on the occasion of 
any vacancy in the office of any Conunissioner by death, resignation, 
or otherwise, by the like warrant, appoint some other fit person to 
fill such vacancy. The Commissionei's so appointed shall be a body 
corporate with a common seal, with power to hold land without 
license in mortmain so far as may be necessary for the purposes of 
this Act, and shall be styled " The Prison Commissioners." 

The Secretary of State may from time to time appoint one of the 
Commissioners to be chairman. 

Any act or thing required or authorised to be done by the Prison 
Commissioners may be done by any one or more of them as the 
Secretary of State may by general or special rule direct. 

7. The Prison Commissioners shall be assisted in the perform- Appointment 
anoe of their duties by such number of inspectors, storekeepers, of inapectore, 
accountants, and other officers and servants as may, with the sanction ^^n^.*" 
of the Treasury as to number, be determined by the Secretary of 

State. The inspectors shaU be appointed by the Secretary of State, 
the other officers and servants of the Prison Commissioners by the 
Prison Commissioners themselves, subject to the approval of the 
Secretary of State. , 

8. There may be paid, out of moneys provided by Parliament, Salaries. 
to all or any one or more of the Prison Commissioners such salary 

for their or his services as the Secretary of State may, with the 
consent of the Treasury, determine. 

There shall be paid, out of moneys provided by Parliament, to the 
inspectors and other officers and servants of the Prison Commis- 
sioners such salaries as the Secretary of State may, with the consent 
of the Treasury, determine. 



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H4 

Duties of 
Prison Com- 
missioners. 
28 & 29 Vict. 
c. 126. 



Ch. 21. 



Prisons. 



40 & 41 Vict. 



Reports by 
Prison Com- 
missioners. 



Keport to con- 
tain informa- 
tion as to 
manniactaring 
processes in 
prison. 



9. The general superintendence of prisons under this Act shall be 
vested in the Prison Commissioners, subject to the control of the 
Secretary of State. 

Subject as in this Act mentioued, the Prison Commissioners 
shall appoint all such officers of a prison as are by the Prison Act, 
1865, declared to be subordinate officers of a prison, such appoint- 
ments to be for general prison service. The Prison Commissioners 
shall also make contracts, and do all other acts necessary for the 
maintenance of the prisons and prisoners within their jurisdiction. 

Subject to the control of the Secretary 'of State, the Prison Com- 
missioners, by themselves or their officers, shall visit and inspect 
the prisons within their jurisdiction, and shall examine into the 
state of the buildings, so as to fonn a judgment as to the repairs, 
additions, or alterations which may appear necessary, regard being 
had to the requisitions of the Prison Act, 1865, as amended by 
this Act, with respect to the separation of prisoners and enforce- 
ment of hard labour, and shall further examine into the conduct 
of the respective officers and the treatment and conduct of the 
prisoners, the means of setting them to work, the amount of their 
earnings, and the expenses attending the prison, and shall inquire 
into all abuses within the prison, and regulate all matters required 
to be regulated by them. 

Subject to the control of the Secretary of State, the Prison Com- 
missioners, or any one or more of them, may, in addition to any 
powers otherwise conferred on them by this Act, exercise in relation 
to any prison under this Act, and the prisoners therein, all powers 
and jurisdiction by any Act of Parliament or at common law, or 
by charter, exerciseable by visiting justices, or a visiting justice, of 
a prison. And any reports, acts, or things required to be made or 
done to or by or in relation to the visiting justices, or a visiting 
justice, of a prison, at common law or by any Act of Parliament, or 
by charter, shall, except in so far as is otherwise provided by this 
Act, be made or done to or by or in relation to the Prison Com- 
missioners, or any one or more of them, or to or by or in relation 
to such persons or person as the Secretary of State may from time 
to time appoint. 

The Prison Commissioners shall, in the exercise of their powers 
and jurisdiction under this Act, conform to any directions which 
may from time to time be given to them by the Secretary of State. 

10. The Prison Commissioners shall, at such time or times as 
the Secretary of State may direct, make a report or reports to the 
Secretary of State of the condition of the prisons and prisoners 
within their jurisdiction, and an annual report to be made by them 
with respect to every prison within their jurisdiction shall be laid 
before both Houses of Parliament. 

11. Whereas it is expedient that the expense of maintaining in 
prison prisoners who have been convicted of crime should in part be 
defrayed by their labour during the period of their imprisonment, 
and that, with a view to defraying such expenses, and also of 
teaching prisoners modes of gaining honest livelihoods, means 
should be taken for promoting in prison the exercise of and 
instruction in useful trades and manufactures, so far as may be 
consistent with a due regard on the one hand to the maintenance 



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1877. Prisons. Ch. 21. 145 

of the penal character of prison discipline^ and on the other to the 
avoidance of undue pressure on or competition with any particular 
trade or industry: Be it enacted, that the annual report of the 
Prison Commissioners required by this Act to be laid before both 
Houses of Parliament shall state the various manufacturing processes 
Carried on in each of the prisons within their jurisdiction, and such 
statement shall contain such particulars as to the kind and quantities 
of, and as to the commercial value of the labour on the manufactures, 
as to the number of prisoners employed, and otherwise^ as may, in 
the opinion of the Secretary of State, be best calculated to afford 
information to Parliament. 

12. The Prison Commissioners shaU make a yearly return to Betura of 
Parliament of all punishments of any kind whatsoever which may ^^^o^nca 
have been inflicted within each prison, and the offences for which of prisoners to 
such punishments were inflicted. be made yearly. 

Visiting Committee of Justices. 

13. On and after the conmiencement of this Act there shall be Repeal of 
rei)ealed the fifty-third and fifty-fourth sections of the Prison Act, cfi26fM. 53^54. 
1865, relating to the appointment and duties of visiting justices. 

A visiting committee shall be annually appointed for every prison AppointmeDt 
under this Act, consisting of such number of persons being justices o^^^^^g 
of the peace to be appointed at such time and by such court of prisons, 
quarter sessions or such bench or benches of magistrates as the 
Secretary of State, having regard to the locality of the prison, to 
the justices heretofore having jurisdiction over such prison, and to 
the class of prisoners to be confined in such prison, may from time 
to time by any general or special rule prescribe. In the following 
manner; namely. 

The justices of any county, riding, or liberty of a county having 
a separate court of quarter sessions shall appoint members of a ^ 

visiting committee when assembled at such general or quarter 
sessions as may be prescribed by the Secretary of State. 

The justices of a borough shall hold special sessions, at such time 
as may be prescribed by the Secretary of State, for the purpose of 
appointing any members of a visiting committee they may be 
required to appoint. 

Provided that in the application of this Act to the Worcester 
Prison, as constituted by the Worcester Prison Act, 1867, so long as so & 3i Vict, 
the said prison is continued as a prison for the purposes of this Act, ^' "^*"- 
the appointment of such number of justices of iJie city of Worcester 
as the Secretary of State in pursuance of this section maj^- prescribe 
to be appointed to serve on the visiting committee in respect of 
the said prison, shall be vested in the corporation acting by the 
council of the said city. 

Nothing in this Act, or in any rules to be made under this Act, 
shall restrict any member of the visiting committee for any prison 
from visiting the prison at any time, and any such member shall at 
all times have free access to every part of the prison, and to every 
prisoner therein, 

14. The Secretary of State shall, on or before the commencement l^nties of 
of this Act, make and publish, and may hereafter from time to time ^^e^ *^™" 
repeal, alter, or add to rules with respect to the duties of a visiting 
[thb law rbpobts.] K 



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146 Ch. 21. Prisons. 40 & 41 Vior. 

committee, and such committee shall conform to aay roles so made 
and for the time being in force> but subject as aforesaid, the members 
of such committee shall from time to time and at frequent intervals 
visit the prison for which they are appointed, and hear any com- 
plaints which may be made to them by the prisoners, and, if asked, 
privately. They shall report on any abuses within the prison, and 
also, on any repairs which may be urgently required in the prison, 
and shall further take cognizance of any matters of pressing neces- 
sity and within the powers of their commission as justices, and do 
such acts and perform such duties in relation to a prison as they may 
be required to do or perform by the Secretary of State. 

The visiting committee shall be deemed to be visiting justices for 
aU the purposes of the regulations relating to the punishment of 
prisoners numbered 58 and 59 in the first schedule annexed to the 
28 & 29 Vict. Prison Act, 1865, or either of such regulations, and any member of a 
^' ^^^' visiting committee may exercise any power, or do any act, or receive 

any report which any one justice may exercise, do, or receive under 
the said regulations numbered 58 and 59, or either of them. 

Provided that an offender shall not be pimished under the said 
sections 58 and 59, or either of them, by pergonal correction except 
in pursuance of the order of two justices of the peace after such 
inquiry upon oath and determination concerning the matter reported 
to them as is mentioned in the said regulation numbered 58. 

The visiting committee shall report to the Secretary of State any 
matters with respect to which they may consider it expedient, and 
shall report to the Secretary of State, as soon as may be and in such 
manner as he may direct, any matter respecting which they may be 
required by him to report. 
Repeal of 15. Section fifty-five of "The Prisons Act, 1865," is hereby 

cf 126?^. 6*5! repealed, and instead thereof the following enactment shall take 

eflect, viz. : 
Visits to prison Any justice of the peace, having jurisdiction in the place in 
Dy any justice, ^j^j^j^ ^ prison is situate, or having jurisdiction in the place where 
the offence in respect of which any prisoner may be confined in 
prison was committed, may, when he thinks fit, enter into and 
examine the condition of such prison, and of the prisoners therein, 
and he may enter any observations he may think fit te make in 
reference to the condition of the prison or abuses therein in the 
visitors book to be kept by the gaoler ; and it shall be the duiy 
of the gaoler te draw the attention of the visiting committee, at 
their next visit to the prison, to any entries made in the said book ; 
but he shall not be entitled, in pursuance of this section, to visit 
any prisoner under sentence of death, or te commxmicate with any 
prisoner, except in reference to the treatment in prison of sudi 
prisoner, or to some complaint that such prisoner may make as to 
such treatment. 

PART II. 

Supplemental Provisions. 

As to Obligation to maimiam Prisons. 

Tennination of IB, On and after the commencement of this Act the o bligation o f 
local obligation any county, riding, division, hundred, liberty, frajachiie7^^^^> 



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1877. Priaom. Ch. 21. 147 

town, or other place havi ng a 8e])arate prison jurisdict ioiL to main- to maintam 
tain a prison or to provide phsonabcommodation forTte prisoners P™®^^* 
^allceag e— 

17. Where at the ti me of the passing o f fhi^^ Act any prison CompenBation 
authority h as no prison of its own, or has not a prison or prisons *?^ ^^-^n 
of its own adequate to the accommodation of the prisoners belong- LconunSa-^^ 
iDg to such authority, it shall pay into the receipt of the Exchequer tion. 

one hundred and twenty pounds in respect of each prisoner belonging 
to such prison authority for whom cell accommodation has not at 
such time as last aforesaid been provided by such authority in a 
prison of its ow n, * ^ 

Any sum payable by a prison authority in pursuance of this 
section shall be deemed to be a debt due from the prison authority 
to the Ci-own, and may be recovered accordingly. 

Where one prison authority has cont ributed, a . sum of money 
towards the construction by some other prison authority of cell 
accommodation for the use of the prisoners of the contributing 
authority, and such cell accommodation has been constructed ac- 
cordingly, then in assessing the sum payable into the Exchequer by 
the contributing authority under this section, the contribution so 
made shall be taken into consideration, and a proportionate deduc- 
tion be made accordingly. . • 

F.or the purposes of this section a prison authority may borrow, 
and the Public Works Loan Commissioners may advance by way of 
loan, to bear interest at such rate per cent, .as the Treasury may 
determine to be sufficient to prevent any loss to the Exchequer, such 
sum as may be required, so that the whole amount so borrowed be 
discharged within a period riot exceeding thirty-five years. 

18. Where before the first day of January one thousand eight Compei^tioii 
hundred and seventy-seven any prison authority, having more than ^^,J^„4o- 
sufficient cell accommodation for the number of prisoners belonging rity in inspect 
to such prison authority, and which prison authority is in this of accomm^ 
section called the receiving authority, has contracted with any for'^priS^^ew 
other prison authority, in this section called the sending authority, of some other 
that the receiving authority is to receive into its prisons any pri- authority. 
Boners belonging to such sending authority, and such receiving 
authority has in the performance of such contract provided cell 
accommodation for the prisoners of the sending authority, there 

shall be paid to the receiving authority, out of moneys provided 
by Parliament, any loss it may have so sustained in relation to such 
contract for cell accommodation by reason of the passing of this 
Act, so that the expense of providing cell accommodation for any 
one prisoner shall not in any case be held to have exceeded the sum 
of one hundred and twenty pounds. 

For the purposes of this section any public department of State 
which has made contracts with respect to prisoners shall be included 
under the term " prison authority.* 

Wbere it appears that any contract under this section is intended 
to be renewed at the expiration of its subsisting term, the intention 
of renewal shall be taken into considei'ation in estimating the loss 
sustained by the receiving authority. 

Where a prison authority has provided a prison or prisons of its 
own more than adequate for the accommodation of its prisoners, 

K 2 



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148 Ch. 21. Priscms. 40 & 41 Vicr. 

it shall be entitled to receive, out of moneys to be provided by 
Parliament, compensation to the extent of one hundred and twenty 
pounds in respect of each cell provided in such prison or prisons over 
and above the number of cells required for the average maximum 
number of prisoners maintained at the expense of such authority 
in its own prison or prisons during the five years immediately pre- 
ceding the first day of January one thousand eight hundred and 
seventy-seven : Provided always, that in case the Prison Commis- 
sioners shall report to the Secretary of State that the prison accom- 
modation is in excess of the probable requirements of such priaon 
authority for its own prisoners, or that the buildings are dilapidated 
or unsuitable, it shall be lawful for the Secretary of State to decline 
to recommend to the Treasury to make such compensation, in whole 
or in part, as the circumstances of the case may demand. 

Provided also, that no compensation shall be payable under such 
provision as last aforesaid in respect of any prison discontinued 
within two years after the commencement of this Act. 

A prison authority shall not be entitled to receive under this 
section more than one hundred and twenty pounds in the whole in 
respect of the same cell. 

" Probable requirements " means the probable future requirements 
of a prison authority calculated as from the passing of this Act 

The average maximum number of prisoners of a prison authority 

maintained in any prison in any period of five years shall be 

calculated by finding the greatest number of such prisoners confined 

therein on the day on which such prison contained most of such 

prisoners as aforesaid in each of the said five years, and dividing 

the aggregate so found by five, excluding fractions. 

Allowance to 19. Where at the time of the passing of this Act a prison authority 

priTOD^autho- ^^^ contracted to construct a building to be used as a prison, but 

rity in respect such building has not at the commencement of this Act been com- 

of uncompleted pleted Or become a prison within the meaning of this Act, the 

pngon. Secretary of State may, if he thinks fit so to do, allow the prison 

authority time to complete such building as a prison, and when so 

completed it shall pass over to and vest in the Secretary of State as 

a prison completed at the commencement of this Act, but if the^ 

Secretary of State does not think fit to allow time for the completion 

of such prison as aforesaid, he shall, nevertheless, in assessing the 

amount of compensation payable in respect of cell accommodation, 

make with the consent of the Treasury, from the compensation 

payable as aforesaid, such deduction as, having regard to all the 

circumstances of the case, may be agreed upon or as may, in the 

event of disagreement between the Secretary of State and the prison 

authority, be determined by arbitration. 

As to Contracts and Debts. 

General saving 20. Nothing in this Act contained shall (save as in this Act 
«5J5.>^]S ®^ mentioned with respect to contracts and obligations between prison 
'*"'" authorities) aSeot any right or claim of any creditor of a prison 

authority under any contract legally made or in respect of any 
dealing legally had before the commencement of this Act, and 
between such creditor and the prison authority of which he is a 



creditors. 



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J877. Prisons. Ch..21. 149 

creditor such contract may be enforced in the same manner in all 
respects as if this Act had not passed. 

21. Any contract made or obligation undertaken by any prison Determination 
authority with any other prison authority for or in relation to the f^ contracte 
maintenance of any prison or prisoners, or any matter relating to authoritia. 
such maintenance, shall be deemed to be determined on and after 

the commencement of this Act, without prejudice nevertheless to 
any moneys which may have accrued due under or in respect of 
such contract or obligation at or before the commencement of this 
Act 

22. There shall be defrayed by a prison authority in the same Existing debts 
manner as if this Act had not passed : ^ ^ defrayed 

(1.) All debts due and sums of money payable in respect of aathorities. 
contracts performed, dealings completed, or any matter or 
thing done before the commencement of this Act ; and, 

(2.) All mortgage debts (together with interest from time to 
time accniing thereon) contracted in respect of any prison. 

A mortgage debt in this section shall include any moneys which 
at the commencement of this Act have been borrowed or contracted 
to be borrowed by a prison authority on the security of any prison, 
or on the security of any rate applicable to the payment of the 
expenses of a prison, also any debt or liability contracted before the 
commencement of this Act, for the payment of which debt or liability 
money is authorised to be borrowed in pursuance of section twenty- 
three of the Prison Act, 1865. T^el^J^^ 

23* Where any contiact or dealing, in which any prison authority provision^ 
is concerned, is a continuous contract or dealing, to be performed continuing 
partly before and partly after the commencement of this Act, and contracte. 
is not a contract or dealing which is declared by this Act to have 
determined, and is not a mortgage debt as defined by the previous 
section^ sudi contract or dealing shall be deemed to be divisible, 
and as to so much thereof as is.performable before the commence- 
ment of this Act^ shall create a debt or obligation to be discharged 
or performed by the prison authority concerned therein, and as to 
so much thereof as is performable after the commencement of this 
Act, shall create a debt or obligation to be discharged or performed 
out of moneys provided by Parliament. 

As to Classification and CommitTnent of Prisoners. 

24. The Secretary of State may from time to time by any general Confinement of 
or special rule appoint in any county a convenient prison or prisons PJJ?®°®" , 
in which prisoners are to be confined before and during trial, or at during triaL 
either of such times, and any prisoner who might, if this Act had 
not passed, have been lawfully confined in a prison situate within 
the area of such county may be lawfully confined in any prison or 
prisons so appointed : Moreover, the Secretary of State may by any 
general or special rule from time to time appoint any convenient 
prison or prisons in any adjoining county to which prisoners may 
be committed for trial, safe custody, or otherwise, and any prisoners 
may be conmaitted to such prison accordingly. 

26. The Secretary of State may from time to time by any general Confinement of 
or special rule appropriate either wholly or partially particular prisoners after 
prisons within his jurisdiction to- particular classes of convicted ^^^ 



126. 6. 23. 

to 



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150 



Gh. 21. 



Prisona. 



40 & 41 Vict. 



Confinement of 
debtors and 
prisoners who 
are not criminal 
prisoners. 



Savin^r as to 
commitment of 
prisoners. 



y 



criminal prisoners, and may remove any convicted criminal prisoner 
from any one prison to any other prison within his jurisdiction for 
the purpose of his imdergoing the whole or any portion of his 
punishment in such prison ; provided that a prisoner who is confined 
in a prison situate beyon\i the limits of the county, borough, or 
place in which he was convicted of his offence shall^ at the time of 
his discharge^ be taken back at the public expense to the county, 
borough, or place in which he was so convicted. 

26. The Secretary of State may from time to time by any 
general or special rule appoint in any county a prison or prisons 
in which debtors and prisoners who are not crinunal prisoners are 
to be confined during the period of their imprisonment, and it shall 
be lawful to confine in any prison so appointed during the period of 
his imprisonment any debtor or prisoner who is not a criminal 
prisoner who might, if this Act had not passed, have been confined 
during such period in any prison situate within the area of the 
county. 

27; Subject to this Act, and any rules made in pursuance thereof, 
prisoners may be committed to the same prison to which they might 
have been committed if this Act had not passed. 

The committal or imprisonment of a prisoner to or in a prison, if 
otherwise valid, shall not be illegal by reason only that such prisoner 
ought, according to the law for the time being in force, to have been 
committed to or imprisoned in some other prison, but any such 
prisoner as is mentioned in this section shall, on application made 
on his behalf in a summary manner to any judge of the High Court 
of Justice, be entitled to be removed at the public expense to such 
other prison as aforesaid. 

28. A prisoner shall be deemed to be in legal custody whenever 
he is being taken to or from, or whenever he is confined in, any 
prison in which he may be lawfully confined, or whenever he is 
working outside or is otherwise beyond the walls of any such prison 
in the custody or under the control of a prison officer belonging to 
such prison, and any constable or other officer acting under the 
order of any justice of the peace or magistrate having power to 
commit a prisoner to prison may convey a prisoner to or from any 
prison to or from which he may be legally committed or remov^, 
notwithstanding such prison may be beyond the constablewick or 
other jurisdiction of such constable or officer, in the same manner 
and with the same incidents as if such prison were within such 
constablewick or other jurisdiction, 

29. Where any prisoner is discharged from prison, the Prisoa 
Commissioners may, on the recommendation of the visiting com- 
mittee or otherwise, order a sum of money, not exceeding two 
pounds, to be paid by the gaoler to the prisoner himself or to the 
treasurer of a certified prisoners aid society or refuge, on the gaoler 
receiving from such society an undertaking in writing, signed by 
the secretary thereof, to apply the same for the benefit of the 
prisoner. 

As to Jurisdiction, 

Jurisdiction of 30. The Secretary of State may from time to time, if he think 
sheriff, coroner, j^ expedient SO to do, for the purpose of any enactment, law, or 



Legal custody 
of prisoner. 



Allowance to 

dischaiged 

prisoners. 



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1877. Prisons. Ch. 21. 151 

cofltom^ descriptive of or dependent on the drcumstance of a prison and other 
beiDg the prison of any county, riding, county of a city, county of <>®<^«"- 
a town, liberty, borough, or other place having a separate prison 
jurisdiction, by any general or special rule direct that for such 
purpose as aforesaid any prison locally situate within the county 
in whidi such riding, county of a city, county of a town, liberty, 
borough, or place is situate, or any prison which he may in pur- 
suance of this Act have appointed as a prison to which prisoners 
may be committed, is to be considered to be the prison of such 
county, riding, county of a city, county of a town, liberty, borough, 
or otiber place, but subject to any such rule as in this section 
mentioned, and until the same be made the transfer under this Act 
of the prisons to which this Act applies, and of the powers and 
jurisdiction of prison authorities, and of justices in sessions assem- 
bled, and of visiting justices, shall not affect the jurisdiction of any 
sheriff or coroner, or save as provided by this Act, of any justice of 
the peace or other officer having at the commencement of this Act 
jurisdiction in, over, or in respect of such prison. 

8L On and after the commencement of this Act the sheriff of any Sheriff not ylif>^ 
sheriffdom shall not be liable for the escape of any prisoner. ^^pe!'''' '^t^J^'^ 

32. Nothing in this Act contained shall affect the jurisdiction prisoners 

or responsibility of the sheriff in respect of prisoners under sentence under sentence 

of death, and confined in any prison within his jurisdiction, or his o^ death. 

jurisdiction or control over the prison where such prisoners are ^^r^ J^ ^^ ^€^ 

confined, and the officers thereof, so far as may be necessary for c. J^tT 

the purpose of carrying into effect the sentence of death, or for any 

purpose relating thereto ; and in any prison in which sentence of 

death is required or authorised to be carried into effect on any 

prisoner, the sheriff of the county in which the prison is situate 

shall,, for the purposes of carrying that sentence into execution, be 

deemed to have the same jurisdiction with respect to such prison 

as he would by law have had with respect to the common gaol of 

his county if this Act had not passed, and such prison were the 

common gaol of his county. 

As to Discontinua^nce of Prisons. 

33. The Secretary of State may by order from time to time Power of Seerc- 
discontinue any prison or prisons which are vested in him by this tary.®^ State 
Act, provided that in every county there remain at least one prison, pnsons!"*"^"^ 
unless the Secretary of State otherwise order for special reasons 

to be stated in his order, and any order made by the Secretary 
of State in pursuance of this section shall be laid before both 
Houses of Parliament forthwith if Parliament be sitting at the time 
of the order being made, or, if not then sitting, within one month 
after the commencement of the then next session of Parliament. 

84. When a prison to which this Act applies is discontinued, Effect of dis- 
the Secretary of State shall serve notice on the prison authority to continuance of 
which such prison originally belonged that he will, at any time P™®°* 
within a period not less than six months, to be prescribed by the 
Secretary of State, from the date of the service of such notice, 
cause such prison, but without any fiimiture or effects belonging 
thereto, to be reconveyed to such authority on payment by such 



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152 Ch. 21. Prisons. 40 & 41 Vicr. 

authority into the Exchequer, for the public use, of one hundred 
and twenty pounds in respect of each prisoner belonging to such 
prison authority for whom cell accommodation was provided in such 
discontinued prison at the time of the passing of this Act, and on 
repayment by such authority of any compensation it may have 
received out of moneys provided by Parliament in respect of its 
having provided a prison of its own more than adequate for the 
accommodation of the prisoners belonging to such authority. 

A prison authority to whom a prison is reconveyed in pursuance 
of this section may sell or otherwise dispose of tibe same in such 
manner as they think fit. 

If a prison authority declines to accept the offer of the recon- 
veyance of the prison so made by the Secretary of State, or &il 
to pay or to secure to the satisfaction of the Secretary of State 
the payment of such sum into the Exchequer as is required to be 
paid by them in pursuance of this section, the prison shall be sold 
by the Secretary of State ; and the Secretary of State, after paying 
the expenses of such sale, and paying into the Exchequer the 
amount so required to be paid as aforesaid, shall render the over- 
plus (if any) to the prison authority to which the prison originally 
bdonged. 

Any sum payable by a prison authority in pursuance of this 
section shall be deemed to be a debt due from the prison authority 
to the Crown, and may be recovered accordingly. 

For the purposes of this section a prison authority may borrow, 
and the Puljlic Works Loan Commissioners may advance by way of 
loan, to bear interest at such rate per cent, as the Treasury may 
determine to be sufficient to prevent any loss to the Exchequer, such 
sum as may be required, so that the whole amount so borrowed be 
discharged within a period not exceeding thirfcy-five years. 

For the purposes of this section the cell accommodation provided 
by a prison authority in all its prisons may be calculated, and if it 
appears from such calculation that sufficient accommodation has been 
provided by such authority in any one prison or prisons belonging 
to such authority no sum shall be payable under this section by 
such prison authority in respect of the discontinued prison, and a 
proportionate deduction shall be made in the sum payable under 
this section by a prison authority in the event of any partial accom- 
modation in excess of the necessary accommodation having been 
provided in such other prisons belonging to that authority. 

Statvs of Prison Oficers. 

Position and 35. The officers attached to prisons at the time of the com- 

daties of meucement of this Act (in this Act referred to as existing officers 

of^Sowf^"^" of a prison) shaU hold their offices by the same tenure, and upon 

like terms and conditions, as if this Act had not passed, and shall 

receive salaries of not less amount than those which they have 

hitherto received. 

Such existing officers as aforesaid may be distributed amongst 
the several prisons to which this Act applies in such manner as may 
be directed by the Secretary of State, and they shall perform such 
duties as they may be required to perform by the said Secretary of 



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1877. Pinsona. Ch. 21. 153 

State, so that such daties are the same or analogous to those they 
performed previously to the commencement of this Act, and, subject 
as aforesaid, they shall perform the same duties as nearly as may 
he as they are performing at the time of the commencement of 
this Act. 

An existing officer of a prison who is at the commencement of 
this Act in Qie receipt of military or naval half-pay, or who has, 
at or before such commencement as aforesaid, commuted his pension 
in pursuance of the Pensions Commutation Act, 1871, or is in 84 & 35 Vict. 
receipt of any pension payable out of public moneys, shall not be ®- ^^' 
subject to any deduction from his salary, or to be deprived of any 
portion of his half-pay, or of his pension, by reason of his salary 
beiog thenceforward paid out of public moneys, or of his employ- 
ment becoming a public employment, or an employment of profit 
under Her Majesty, within the meaning of the Acts of Parliament 
providing for such deduction of salary or deprivation of half-pay, nor 
be disqualified from receiving such half-pay or pension by reason 
of his becoming by virtue of this Act a civil servant of Her 
Majesty. 

36. If at any time after the commencement of -this Act it appears Supenmnna- 
to the Treasury that any existing officer of a prison has been in ^0° ^ officers 
the prison service for not less than twenty years, and is not less ^offioe^***^" 
than sixty years of age, or that any existing officer of a prison has 
become incapable, from confirmed sickness, age, or infirmity, or 
injury received in actual execution of his duty, of executing his 
office in person, and such sickness, age, infirmity, or injury is certi- 
fied by a medical certificate, and there shall be a report of the 
Prison Commissioners testifying to his good conduct during his 
period of service under them, and recommending a grant to be 
made to him, the Treasury may grant to such officer, having regard 
to his length of prison service, an annuity, by way of superannua- 
tion allowance, not exceeding two thirds of his salaiy and emolu- 
ments, or a gratuity not exceeding the amount of his salary and 
emoluments for one year. 

K any office in any prison to which this Act applies is abolished 
or any officer is retired or removed, any existing officer of a prison 
who by reason of such abolition, retirement, or removal is deprived 
of any salary or emoluments, shall be dealt with in manner pro- 
vided by the Superannuation Act, 1859, with respect to a person 22 Vict. c. 26. 
retiring or removed from the public service in consequence of the 
abolition of his office, or for the purpose of facilitating improvements 
in the organization of the department to which he belongs. 

"Prison service," for the purposes of this section, means, as 
respects the period before the commencement of this Act, service in 
a particular prison, or in the prisons of the same authority, trans- 
ferred to the Secretary of State, and as respects the period after 
the commencement of this Act, service in any such prison or in 
any other prison transferred to the Secretary of State under this 
Act 

Any annuity by way of superannuation allowance or gratuity 
granted under this section shall be apportioned between the period 
of service before the commencement of this Act, and the period 



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164 Ch. 21* Prisms. 40&41VICT. 

of service after the commencemeiit of this Act ; and so much of 
such annuity or allowance ss is payaUe in respect of service before 
the commencement of this Act, re^uxl being had to the amount of 
salary then paid, but without taking into account any number of 
years added to the officer's service on account of abolition of office 
or for &cilitating the organization of the department, shall be paid 
by the prison authority of the prison in which the officer to whom 
such annuity or allowance is granted was serving at the date of the 
commencement of this Act out of rates which at or immediately 
before the commencement of this Act were applicable to the payment 
of the salary of such officer, and the residue shall be paid out of 
moneys provided by Parliament. 

As to Miscellaneovs Matters. 

Relaxation of 37. Whereas in pursuance of the 84th regulation of the first 
the law relating schedule annexed to the Prison Act, 1865, a male person of sixteen 
28^^ V^r y^'^ ^^^ upwards sentenced to hard labour is directed to be kept 
c. 126. to hard labour of the first class during the whole of his sentence 

where it does not exceed three months, and during the first three 
months of his sentence where it exceeds three months ; and whereas 
it is expedient to amend the said regulation : Be it enacted, that 
the Secretary of State may in either of such cases substitute hard 
labour of the second class for hard labour of the first class during 
the last two of such three months as aforesaid, or any part of such 
last two months, and he may make 'such substitution either by a 
general or special regulation, and either conditionally or uncon- 
ditionally, and may from time to time vary any regulation so 
mada In making any regulations in pursuance of this section, 
the Secretary of State shaU have regard to the previous convic- 
tions, the industry, and the conduct of the prisoners. 
Rules as to 38. The Secretary of State may from time to time make, and 

treatment of when''made repeal, alter, or add to rules with respect to the classifi- 

S!^^?J!!!?" cation and treatment of prisoners imprisoned for non-compliance 
fined lornon- .^r .i j ^ • j.* • i.- x n 

payment of With the order of a justice or justices to pay a sum of money, 

Boms in the or imprisoned in respect of the defeult of a distress to satisfy a 

28*&29^Vict** sum of money adjudged to be paid by order of a justice or justices, 

c. 126. «o that such rules are in mitigation and not in increase of the 

effect of such imprisonment, as regulated by the Prison Act, 

1865. 

Special roles 89. Whereas it is expedient that a clear difference shall be 

as to treatment made between the treatment of persons unconvicted of crime and 

of unconvicted jjj^ ]a^ presumably innocent during the period of their detention in 

c^in"ther prison for Safe custody only, and the treatment of prisoners who 

prisoners. have been convicted of crime during the period of their detention 

in prison for the purpose of punishment, and that, in order to secure 

the observance of such difference there shall: be in force in every 

place in which prisoners are confined for safe custody only, speciai 

rules regulating tiieir confinement in such manner as to make it as 

little as possible oppresfiive, du^ regard only being had to their safe 

custody, to the necessity of preserving order and godd government 

in the place in which they are confined, and to the physical and 



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1877. Priaona. Ch. 21* 165 

moral well-being of the prisoners themselves : Therefore, be it 
enacted, that tiie Secretary of State shall make, and when made 
may from time to time repeal, alter, or add to, special rules — 
(1.) With respect to the retention by a prisoner of the possession 
of any books, papers, or documents in his possession at the 
time of his arrest, and which may not be required for 
evidence against him, and are not reasonably suspected 
of forming port of property improperly acquired by him, 
or are not for some special reason required to be taken 
from him for the purposes of justice ; 
(2.) With respect to communications between a prisoner, his 
solicitor, and friends, so as to secure to such prisoner as 
unrestricted and private communication between him, his 
solicitor, and his friends as may be possible, having regard 
only to the necessity of preventing any tampering with 
evidence, and any plans for escape, or other like con- 
siderations; and 
(3.) With respect to arrangements whereby prisoners may pro- 
vide themselves with articles of diet, or may be frimished 
with a sufficient quantity of wholesome food, and may be 
protected from being ^led upon to perform any xm- 
accustomed tasks or offices ; also any matter which the 
Secretary of State may think conducive to the ameliora- 
tion of the condition of a prisoner who has not been 
convicted of crime, regard being had to such matters as 
are in this section directed to be regarded. 

40. The Prison Commissioners shall see that any prisoner under Treatment of 
sentence inflicted on conviction for sedition or seditious libel shall ^J^*^ ^"" 
be treated as a misdemeanant of the first division within the sedition, &c. 
meaning of section sixty-seven of " The Prisons Act, 1866," notwith- 28 & 29 Vict. 
Btanding any statute, provision, or rule to the contrary. ^' ^^^' *• ^^• 

41. Any person who shall be impiisoned under any rule, order. Treatment of 
or attachment for contempt of any court shall be in like manner j^^^f^ "Un- 
treated as a misdemeanant of the first division within the me^ng tempt of coart. 
of the said section of the said Act. /fiS^X). i^yi://^^^ jy^. 

42. That where the prison medical officer considers it necessary Test of 

to apply any painfrd test to a prisoner to detect malingering or ™a%fermg. 
otherwise, such test shall only be applied by authority of an 
order from the visiting committee of justices, or a Prison Commis- 
sioner. 

43. It shall not be lawftil for the gaoler to order any prisoner Limitation of 
to be confined in a punishment cell for any term exceeding twenty- ^« of con- 
four hours; nor shall it be lawful for the visiting committee of p,i^^JIi 
justices to order any prisoner to be punished by confinement in a cells. 
punishment cell for any term exceeding fourteen days. 

44. In no case^ where^an inquest is held on the body of a prisoner As to inquests «^^^ 
who dies within the prison, shall any person engaged in any sort^of ®° *^.® ^^^^"^^/W'^ 
trade or dealing with the prison be a juror on such inquest. " ^ P"«»iers. ^ ^^^ 

45. On and after the commencement of this Act, any duties Transfer of 
required by Act of Parliament or otherwise to be performed by an ^^^^ of exist- 
inspector of prisons, appointed in pursuance of the Act of the session ^^*^*[*^" 
of the fifth and sixth years of King William the Fourth, chapter 



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156 Ch. 21. Priaona. 40 & 41 Vict, 

thirty-eight, may, . subject to any directions to be giyen by the 
Secretary of State, be performed by any Prison Commissioner or 
inspector appointed under this Act 

The persons who at the commencement of this Act hold the 
offices of Inspectors of Prisons, under such last-mentioned Act, 
shall become inspectors under this Act, in the same manner and 
liable to the performance of the same duties as if they had been 
appointed inspectors in pursuance of this Act, subject to the 
following qualifications, namely : — 

(1.) Every such inspector shall hold his office by the same 

tenure, and upon like terms and conditions, as if this 

Act had not paased, and shall receive a salary of not 

less amount than that which he has hitherto received ; 

and 

(2.) Any duties they may be requii-ed to perform in pursuance of 

this Act shall be the same or analogous duties to those 

which they performed previously to the commencement 

of this Act. 

The seventh section of the Act of the session of the fifth and 

sixth years of William the Fourth, chapter thirty-eight, shall be 

repealed from and after the commencement of this Act, in so far 

as respects England. 

Power of prison 46. A prison authority may borrow any moneys authorised to 

authority to "b^ borrowed by them under this Act as one loan or as several loans 

38 & 39 Vict, i^ manner provided by the Local Loans Act, 1875, on the security 

c. 83. of any rate or property which would, if this Act had not passed, 

have been applicable to the maintenance of the piisbns within the 

jurisdiction of such authority, and such prison authority may levy 

such rate or apply such property in the same manner in all respects 

as if this Act had not passed. 

The period for the discharge of a loan under this Act shall be 

deemed to begin at the date of the first advance of money made on 

account of any such loan or loans. 

Power of 47. The Public Works Loan Commissioners may advance to any 

Public Works prison authority, on the security of such rate or property as afore- 

sionerB to^Jend. said, any moneys authorised to be borrowed by the prison authority 

for the purposes of this Act. / 

The Public Works Loan Commissioners shall take, in respect of 

any loan advanced by them imder this Act, in preference to any 

other securities, all or such one or more of the securities issuable 

38 & 39 Vict, under the Local Loans Act, 1 875, as they may prefer ; and for 

^ ®^- the purposes of any loan so made, and so far as relates to the 

securities taken and to the recovery of the moneys due on such 

securities, the Local Loans Act, 1875, shaU be deemed to be sub- 

c.^8.^^ ^'^*- stituted for the Public Works Loans Act, 1875. 

Legal estate 48. The legal estate in every prison to which this Act applies, 

in prison. and in the site and land belonging thereto, and in the furniture 

and effects, shall, on and after the commencement of this Act, be 

deemed to be vested in the Prison Commissioners and not in the 

Secretary of State, but shall from time to time be disposed of by 

such Commissioners in such mode as the Secretary of State, with 

the consent of the Treasury, may direct. 



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1877. Prisons. Ch. 21. 157 

49. Town halls, court-houses, or other rooms situate within the Appropriation 
curtilage of a prison or forming part of a prison as defined by this of comt-houBes 
Act, and which town halls, court-houses, or other rooms are used the prednctt 
for the holding assizes or petty sessions, or for piuposes other than of a prison. 
those connected with the management of a prison, shall not be 
transferred to or vested in the Secretary of State under this Act, # 

but it shall be lawful for the Secretary of State, with the consent 

of the Treasury, if he thinks it desirable to purchase such town 

hallSy court-houses, or other rooms so situate as aforesaid from the 

local authority to whom the same belong, and for the purposes of 

such purchase the Lands Clauses ConsoUdation Acts, 1845, 1860, ^ & ^ Vict 

and 1869 shall be incorporated with this section, and in the con- 23^& 24 Vict 

struction of the said incorporated Acts this Act shall be deemed to c. 106. 

be the special Act, and the Secretary of State shall be deemed to be 3* & 83 Vict 

the promoter of the undertaking, ®* ^®* 

50. Any buildings which being in the nature of national menu- Protection of 
ments are as to certain portions thereof used as prisons shall, as to P^o"" « *^e 
the portions so used during such time as they are used by the ^ti<^ monu- 
Secretary of State, be maintained in such manner as to prevent ments. 
their being defaced or injured in their character of national monu- 
ments. 

61. Any rule made by a Secretary of State, in pursuance of this Rules of Secre- 
Act, may be proved in manner in which regulations made under **Y^^^^*®f 
the authority of one of Her Majesty's PrinciiMll Secretaries of State JSjonriScnt^ 
are capable of being proved in pursuance of the Documentary enactments. 
^Evidence Act, 1868, and all enactments inconsistent with this Act si & ^2 Vict. 
are hereby repealed : Provided always, that all rules and regula- ^' ^^' 

tions made under or in pursuance of this Act shall be forthwith 
laid in a complete form, after the same shall have been settled and 
approved by such Secretary of State before both Houses of Parlia- 
ment, if Pai*liament be sitting, or if not, then within three weeks 
after the beginning of the next ensuing session of Parliament ; and 
if any such rules or regulations shall be disapproved by either 
House of Parliament within forty days after the same shall have 
been so laid before Parliament, such rules or regulations, or such 
parts thereof as shall be so disapproved of, shall be void and of no 
effect : Provided also, that no such rules or regidations shall come 
into force or operation until the same shall have been so laid before 
Parliament for forty days. Saving clause 

62. Nothing in this Act contained shall affect the powers or " ^ reforma- 
jurisdiction of a prison authority in relation to any reformatory *^ Swwls."*" 
school or to any industrial school under the Reformatory Schools S9 & so Vict 

• Act, 1866, and the Industrial Schools Act, 1866, or either of such «• ^^^- . 
Acts, or any Act amending the said Acts, or either of them. c^iis. *^ 

53. Nothing in this Act contained shall entitle any existing Saving claose 
officer of a prison to any superannuation or other allowance, the ^ ^ pensions, 
conditions of whose office would not have entitled him to super- ^f lae!^ ^'^*' 
annuation or other allowance under the Prison Act, 1865. 

54. The chancellor, masters, and scholars of the University of Commutation 
Oxford shall, in consideration of their being relieved from their y^^^^/ 
obligation under the Oxford Police Act of 1868 to contribute to OarforS^o the 
gaol expenses, pay to the mayor, aldermen, and citizens of the city city of Oxford. 



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158 

31 & 32 Vict 
c. lix. 



Ch. 21. 



Prisons. 



40 & 41 Vicr. 



Power for 
Secretary of 
State and 
prison autho- 
rity to compro- 
mise and refer 
to arbitration. 
17 & 18 Vict 
c. 125. 



of Oxford, on or before the first day of April one thousand eight 
hundred and seventy-eight, the sum of four hundred pounds ; and 
the said chancellor, masters, and scholaiB shall, from that date, be 
discharged from all liability under the said Act in respect of gaol 
expenses. 

ArrangeTnent cmd Arbitration. 

65. The Secretary of State on the one hand (with the assent of 
the Treasury so far as any public moneys are concerned) and a 
prison authority on the other may, with a view to carry into effect 
the purposes of this Act, compromise any matter, or settle any 
difference, or refer to arbitration any matter or difference. 

A reference to arbitration under this Act shall be to a single 
arbitrator, and the provisions of the Common Law Procedure Act, 
1864, shall apply acoordingly. 



Definition of 
** f nmitnre and 
effects belopg- 
ing to a prison." 



Definition of 
** prisoner " 
and ^ the main- 
tenance of a 
prisoner." 



" Cell accom- 
modation for 
a prisoner," 
28 & 29 Vict 
c. 126. 

Definition of 
•* oonnty ** and 
** riding." 



Definitions. 

66. The expression ''fiirniture and effects belonging to a prison'' 
indudes all furniture, beds, bedding, clothes, linen, implements, 
machinery, and stores, except goods manu&otured for sale, and 
materials in store for the purposes of such mannfisustore, ako all 
books, papers, registers, and documents whatsoever relating to such 
prison or to the prisoners therein, also all articles whatsoever, 
whether or not of the same kind as those previously described, 
belonging at the commencement of this Act to the prison authority 
of any prison for the purposes of such prison. 

67. A '' prisoner " for the purposes of this Act means any person 
committed to prison on remand or for trial, safe custody, punish- 
ment, or otherwise, and '' the maintenance of a prisoner'' includes 
all such necessary expenses incurred in respect of a prisoner for 
food, clothing, custody, safe conduct, and removal from one place of 
confinement to another, or otherwise, from the period of his com- 
mittal to prison until his death or discharge from prison, as would 
if this Act had not passed have been payable by a prison authority 
with this proviso, that nothing in this Act shall exempt a prisoner 
from payment of any costs or expenses in respect of his conveyance 
to prison or otherwise which he would have been liable to pay if 
this Act had not passed. 

For the purposes of this Act, suflScient accommodation for the 
prisoners belonging to a prison authority shall, as nearly as can be 
ascertained, be deemed to be the average daily number of prisoners 
maintained at the expense of such authority, whether in its own 
prison or in a prison belonging to some other prison authority 
during the five years immediately preceding the first day of January 
one thousand eight hundred and seventy-seven. 

" Cell accommodation for a prisoner ^ means a cell for the separate 
confinement of such prisoner certified in pursuance of '^ The Prison 
Act, 1866." 

58. In the construction of this Act, unless there is something 
inconsistent in the context, — 



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1877. Priaona. Oh. 21, 22. 159 

"Cqunty'' means a county at large> incluBlve of any riding, 
division, or parts of a county haviQg a separate court of 
quarter sessions : 
'^ Riding " means any riding, division^ or parts of a county having 

a separate court of quarter sessions. 
The dty of London shall be deemed to be a county, and any 
prison belonging to the city of London to be situate within the 
limits of that city. 

Save as aforesaid, all counties of cities, counties of towns, liberties 
and franchises of counties, shall be considered as forming part of the 
county, by which they are surrounded, or if partly surrounded by 
two or more counties, then as forming part of tiiat county with 
which they have the longest common boundary. 

59. ^ Borough " means a place which is for the time being Definition of 
subject to the Act of the session of the fifth and sixth years of "trough." 
the reign of King William the Fourth (chapter seventy-six), '' to 

" provide for the regulation of municipal corporations in England 
" and Wales," inclusive of any county of a city or county of a town. 

60. " Prison," in addition to the meaning attached to it by Definition of 
the IVison Act, 1865, includes any land or building bought or con- '28*&^29 vict 
tracted to be bought before the commencement of this Act by a c. i26. 
prison authority, for the purpose 6f enlarging or altering any prison, 

or adding to the appurtenances of any prison, subject to this proviso, 
that if the Secretary of State is of opinion that any portion of the 
lands so bought or contracted to be bought, whether included or 
not within the walls of the prison, was not at the time of the passing 
of this Act necessary for the then subsisting purposes of such 
prison, he shall either direct that such portion shidl be reconveyed 
to the prison authority, or retain such portion, or any part of such 
portion, on payment out of moneys provided by Parliament of such 
sum as may be agreed upon, or, in the event of difference, may be 
determined by arbitration in manner provided by this Act, on the 
transfer of any such prison to him, and the vesting thereof in him as 
by this Act provided. 

61. In this Act the expressions "prison authoritieB," "justices Definition of 
in sessions assembled,'" and "visiting justices" shall respectively ri§M^°*jii^^" 
have the same meaning in relation to any prison as they have in tices In sessions 
" The Prison Act, 1865," and expressions defined in that Act have assembled," 
the same meaning also in this Act inatices!^. 



CHAPTER 22. 

An Act to amend the General Police and Improvement 
(Scotland) Act, 1862. [12th July 1877.] 

TTTTHEREAS it is expedient to amend in certain respects the 
▼ ▼ General PoUce and Improvement (Scotland) Act, 1862 : 25 & 26 Vict 

Be it enacted by the Queen's most Excellent Majesty, by and c 101. 
with the advice and consent of the Lords Spiritual and Temporal, 



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160 Ch.22. OeneralPolice(l;Improv€\S.)Act(lS62) Amende 40&4iyiCT. 

and Commons, in this present Parliament assembled^ and by the 

authority of the same, as follows : 
Title and 1. This Act may be cited for all purposes as " The General Police 

extent of Act. and Improvement (Scotland) Act, 1862, Amendment Act, 1877," 

' and shall apply to Scotland only. 
Construction 2. The recited Act and " The General Police and Improvement 
of Act. (Scotland) Act, 1862, Amendment Act," and this Act, shall be read 

and construed together, 
inteqiretation 3. " Court of Session " and " Court " shall mean either Division 
clause. of the Inner House of the Court of Session or the Lord Ordinary 

officiating on the bills in the time of vacation. 
Court of Ses- 4. Wherever in any burgh, the boundaries of which have been 
^!S* ™to fii!?u* determined in terms of the recited Act, it has, either before or after 
tateTdoption " ^^® passing of this Act, from a failure to observe any of the pro- 
or execution visions of the recited Act, or from any other cause^ become impossible 
of recited Act ^q proceed with the adoption or with the carrying out or execution, 

as the case may be, of the said Act within such burgh, the following 

provisions shaU have effect : 

1. It shall be lawful for any seven householders within the burgh 
to present a petition to the Court of Session, setting forth the failure 
which has taken place to observe the provisions of the recited Act, 
or other cause which has made it impossible to proceed with its 
adoption or carrying out or execution^ and praying the Court to 
pronounce an order in terms of this Act as herein-after mentioned. 

2. The petition shall be intimated in the Edinburgh Gazette^ and 
in such other manner as the Court shall appoint 

3. Upon resuming consideration of the petition, with or without 
answers, and after receiving such evidence as they shall require, 
the Court may pronounce any order which in their judgment will 
enable the proceedings for the adoption or carrying out or execution 
of the recited Act within such burgh to be continued as nearly as 
possible as if the said failure to observe the provisions of the said 
Act, or other cause, had not taken place ; and such order shall be 
final, and shall be recorded in the Sheriff Court books of the county 
within whidi such burgh is situate. 

4. As soon as any directions contained in the said order of the 
Court shall have been complied with^ the proceedings for the 
adoption or carrying out or. execution of the recited Act within 
such burgh may proceed as nearly as possible in the same manner 
and with the same incidents as if the said failure to observe the 
provisions of the said Act^ or other cause^ had not taken place. 

5. The Court may pronounce any order as to expenses of the 
petition and the proceedings following thereon, and as to the persons 
or assessments against which they shall be chargeable; and such 
order shall be final. 

Amendment of 5. The fourteenth section of the recited Act shall be read and 
*^.*: ^^A^ construed as if for the words "two years" therein the words " one 

recited Act. »i i. a-x a. i 

year were substituted. 



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1877, Colonial Fortijications. Ch. 23. 161 

CHAPTER 23. 

An Act to niake better provision respecting fortifications, 
works, buildings, and land situate in a Colony, and held 
for the defence of the Colony. [23d July 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Tem- 
poral, and Commons, in this present Parliament assembled, and by 
the authority of the same, as follows : 

1. It shall be lawful for Her Majesty, on the representation of Power by Order 
one of Her Majesty's Principal Secretaries of State and of the ^^^^^j^ 
Conmiissioners of Her Majesty's Treasurj^ that it is expedient so to nial fortifica- 
do, by Order in Ooimcil to vest any fortifications, works, bidldings, tions to gover- 
or land in any colony held in trust for the defence of that colony J^oro^co^o^y- 
(whether vested in Her Majesty, or in one of Her Majesty's Prin- 
cipal Secretaries of State, or in the principal officers of the Board 

of Ordnance, or in the commanding Royal Engineer, or other 
oificer), and the care and disposal of such fortifications, works, 
buildings, or land, in the governor of the colony, for such estate 
and interest, and upon such terms and conditions, and subject to 
sueh reservations, exceptions, and restrictions as are specified in 
the Order ; and the governor for the time being of the colony shall, 
by virtue of this Act and the Order, take and hold (subject to the 
provisions of the Order) the premises transferred to and vested in 
him accordingly. 

Every representation to Her Majesty proposed to be made in 
pursuance of this Act shall be laid before both Houses of Parlia- 
ment, and shall lie for not less than forty days on the table of both 
Houses before it is submitted to Her Majesty. 

2. Nothing in an Order made in pursuance of this Act shall Saving for 
affect any estate, interest, right, or claim in or to any fortifications, ^^^^ interests, 
works, buildings, or land comprised in the Order other than such 

as at the date of the Order was vested in or held in trust for 
Her Majesty. 

8. In this Act, unless the context otherwise requires, — Definitions: 

The expression "colony" means any dominion, colony, island, "C^^^^^J-" 
territory, province, or settlement situate within Her Majesty's 
domimons, but without the United Kingdom, the Channel 
Islands, and Isle of Man, and not forming pai-t of India as 
defined for the purposes of the Acts for the time being in force 
relating to the Government of India, and for the purposes of 
this Act the whole of the dominion, colonies, islands, territories, 
provinces, and settlements under one central legislature is 
deemed to be a colony : 
The expression "governor'* includes any lieutenant-governor, or "Governor." 
• oflBcer administering the government of a colony, and any other 
person defined by an Order in Council under this Act to be 
the governor of the colony. 
4. This Act may be cited as " The Colonial Fortifications Act, Short title. 
1877." 



[THB law BBF0RT8.] 



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162 



Ch. 24, 25. Consolidated Fwnd (£20,000,000). 40 & 41 Vict. 



W 



Issue of 
20,000,000/. 
out of the Con- 
solidated Fund 
for the senrice 
of the year 
ending dlst 
March 1878. 

Power to the 
Treasury to 
borrow. 



CHAPTER 24. 

An Act to apply the sum of twenty million pounds out 
of the Consolidated Fund to the service of the year 
ending the thirty-first day of March one thousand eight 
hundred and seventy-eight. [23d July 1877.] 

Most Gracious Sovereign, 

E, Your Majesty's most dutiful and loyal subjects, tlie Commons 
of the United Kingdom of Great Britain and Ireland^ in 
Parliament assembled, towards making good the supply which we 
have cheerfully granted to Your Majesty in this session of Par- 
liament, have resolved to grant unto Your Majesty the sum herein- 
after mentioned; and do therefore most humbly beseech Your 
Majesty that it may be enacted ; and be it enacted by the Queen's 
most Excellent Majesty, by and with the advice and consent of 
the Lords Spiritual and Temporal, and Commons, io this present 
Parliament assembled^ and by the authority of the same, as follows : 

1. The Commissioners of Her Majesty's Treasury for ^the time 
being may issue out of the Consolidated Fund of the United King- 
dom of Greab Britain and Ireland, and apply towards making good 
the supply granted to Her Majesty for the service of the year 
ending on the thirty-first day of March one thousand eight hundred 
and seventy-eight the sum of twenty million pounds. 

2. The Commissioners of the Treasury may borrow from time 
to time on the credit of the said sum, any sum or sums not ex- 
ceeding in the whole the sum of twenty million pounds, and shall 
repay the moneys so borrowed with interest not exceeding five 
pounds per centum per annum out of the growing produce of 
the Consolidated Fund at any period not later than the next suc- 
ceeding quarter to that in which the said moneys were borrowed. 

Any sums so borrowed shall be placed to the credit of the account 
of Her Majesty's Exchequer, and shall form part of the said Con- 
solidated Fund, and be available in any manner ' in which such 
fund is available. 



yriyb*^ >//r<f, (fiT, 



CHAPTER 25. 



86 & 37 Vict. 
c. 66. 

88 & 39 Vict, 
c. 77. 



An Act for regulating the Examination of persons apply- 
ing to be admitted Solicitors of the Supreme Court of 
Judicature in England, and for otherwise amending the 
Law relating to Solicitors. [23d July 1877.] 

WHEREAS under or bj^ virtue of the enactments of the Act of 
the sixth and seventh years of the reign of Her present 
Majesty, chapter seventy-three, and of the Act of the twenty-third 
and twenty-fourth years of the same reign, chapter one hundred 
and twenty-seven, and of the Supreme Court of Judicature Acts, 
1873 and 1876, relating to the admission of persons as solicitors 
of the Supreme Court, and of regulations made under the authority 
of those enactments, persons applying to be admitted as solicitors 
of the Supreme Court of Judicature in England are (with certain 



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1877- Solicitors ExaminaiAon, Sc. Gh. 25. 163 

exceptions) required to pass examinations known respectively as 
the preliminary, the intermediate, and the final examination : 

And whereas under the above-mentioned enactments the power 
of making regulations for the conduct of the said examinations and 
of appointing examiners is vested in certain judges of Her Majesty's 
High Court of Justice : 

And whereas it is expedient that such powers, subject as herein- 
after mentioned, be vested in the Incorporated Law Society, and 
that other amendments be made in the law relating to solicitors of 
the Supreme Court : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

Preliminary. 

1. This Act may be cited for all purposes as *' The Solicitors Short title and 
Act, 1877," and the Act of the sixth and seventh, years of the reign coMtruction 
of Her present Majesty, chapter seventy-three, " For consolidating ° 

" and amending several of the laws relating to Attorneys and 

** Solicitors practising in England and Wales," and the Act of the 

twenty-third and twenty-fourth years of the same reign, chapter 

one hundred and twenty-seven, " To amend the laws relating to 

** Attorneys Solicitors Proctors and Certificated Conveyancers," may 

be respectively dted for all purposes as "The Solicitors Act, 1843,'' ^ ^J ^^<^'- 

and "The Solicitors Act, 1860," and this Act shall (so far as is 23 & 24 Vict 

consistent with the tenour thereof) be construed as one with the c. 127. 

said Solicitors Acts, 1843 and 1860, and with the other enactments 

for the time being in force relating to solicitors. 

2. This Act shall not extend to Scotland or Ireland. Extent of Act. 

3. This Act shall, so far as regards the power of certain of the Commence- 
judges of Her Majesty's High Court of Justice and of the Incor- mentof Act. 
porated Law Society to make regulations thereunder, and so far as 
regards the issue of notices and other proceedings preliminary to 
holding the first examinations thereunder, come into operation on 

the pas2»ing thereof, and for all other purposes shall come into opera- 
tion on the first day of January one thousand eight hundred and 
seventy-eight. 

4. In this Act, — Interpretatioii. 
" The Incorporated Law Society " or " The Society " means "The 

" Society of Attorneys Solicitors Proctors and others not being 
" Barristers practising in the Courts of Law and £quity of the 
" United Kingdom :" 

*' Solicitor ^ means solicitor of the Supreme Court of Judicature 
in England : 

'* Preliminary examination'' means an examination in general 
knowledge of persons becoming bound under articles of clerk- 
ship to solicitors : 

'' Intermediate examination " means an examination of persons 
bound under articles of clerkship to solicitors in order to ascer- 
tain the progress made by such persons during their articles in 
acquiring the knowledge necessary for rendering them fit and 
capable to act as solicitors : 

L 2 



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164 Ch. 26. Solicitors Examirmiiony &c. 40 & 41 Vict. 

^' Final examination " means an examination of persons applying 
to be admitted as solicitors as well touching the articles and 
service as the fitness and capacity of such persons to act as 
solicitors, in all business and matters usually transacted by 
solicitors, and includes, where any allegation is made by the 
registrar of solicitors as to the moral unfitness of any such 
person to be an officer of the Supreme Court, an inquiry into 
tbe truth of such allegation. 

ExamivnatioTia, 

Certificate of 5^ Subject to the exemptions allowed by this Act, or by regu- 
^^^^SoM^ lations made under the authority thereof, a person shall not be 
requisite for admitted as a solicitor unless he has obtained from the Incorporated 
admission as La^ Society, or some person authorised in writing by that Society, 
so citor. ^ certificate or certificates to the effect, that he has passed a 

preliminary, an intermediate, and a final examination. 

Examinations Q^ The Incorporated Law Society are hereby authorised and 

mider^^oage- required to hold, at least three times in the year commencing with 

mentof Incor- the first day of Januacy one thousand eight hundred and seventy- 

|orated Iaw eight, and in every succeeding year, a preliminary examination, an 

o<^i^* intermediate examination, and a final examination, and the Society 

shall, subject to the provisions of this Act, have the entire manage- 

« ment and control of all such examinations, and shall have power 

from time to time to make regulations with respect to all or any of 

the following matters ; (that is to say,) 

(a.) With respect to the subjects for and the mode of conducting 

the examination of candidates ; and 
(b.) With respect to the times and places of examinations and 

the notices of examinations ; and 
(c.) With respect to the certificates to be given to persons of 

their having passed any examination ; and 
(d.) With respect to the appointment and removal of examiners 
(other than the ex-officio examiners in this Act mentioned) 
and with respect to the remuneration by fees or otherwise 
of the examiners so appointed ; and 
(e.) With respect to any other matter or thing as to which the 
Society think it expedient to make regulations for the 
purpose of carrying this section into execution. 
Any regulation made under the authority of this section may be 
altered or revoked by a subsequent regulation ; and copies of all 
regulations made under the authority of this section shall be trans- 
mitted to the presidents of the Queen's Bench Division, the Common 
Fleas Division, and the Exchequer Division of the High Court of 
Justice, and to the Master of the Rolls, and if within twenty-eight 
days after a copy of any regulation has been so transmitted, any 
two of those judges (the Master of the Rolls being one) signify by 
writing under their hands, addressed to the president or iJhe vice- 
president or secretary of the Society, their dissent from such regu- 
lation or any part thereof, the same shall be of no force or effect ; 
and if after any such regulation or any part thereof has come into 
force any two of those judges (the Master of ihe Rolls being one) 
shall signify in manner aforesaid their dissent from such regulation 



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1877. Solicitors Examination, Sc. Ch. 26. 166 

or any part thereof the same shall, at the expiration of two months, 
cease to be of any force or effect. 

7. Unless and until the presidents of the Queen's Bench Division, Masters of 
Common Pleas Division, and Exchequer Division of the High Court ^^^^i^leM' 
of Justice, and the Master of the Bolls otherwise order, the several and Exchequer' 
masters for the time being of those divisions shall be ex-officio Dmsiops to be 
examiners for the intermediate and the final examinations, imd one ^^J^Scts 

of such ex-offido examiners shall act in the conduct of eveij such 
examination in conjunction with the examiners appointed by the 
Society in pursuance of this Act. 

8. Any person applying to be examined or re-examined at a Fees payable 
preliminary, intermediate, or final examination shaU pay to the Law^sSSety^ 
Incorporated Law Society such fees in respect of such examinations in respect of 
(and in such proportions and at such times) as may be from time examinatioiis. 
to time determined by regulations to be made by. the presidents of 

the Queen's Bench Division, the Common Pleas Division, and the 
Exchequer Division of the High Cburt of Justice, and the Master of 
the Bolls, or any two of them, of whom the Master of the Bolls shall 
be one. 

All moneys paid to the Society in pursuance of this Act in 
respect of the preliminary, intermediate, and final examinations 
shiiJl be applied by the Society in payment of the expenses from 
time to time incurred by the Society with reference to such exami- 
nations, and with reference to the lectures, classes, and other teaching 
provided by the Society from time to time for persons bound or 
about to be bound under articles of clerkship to solicitors. 

9. Any person who has been refused a certificate of having passed Appeal to 
an intermediate or final examination, and who objects to such refusal, ^^^l^ngt 
whether on accotint of the nature or difficulty of the questions put refusal of cer- 
to him by the examiners, or on any other ground whatsoever, shall tificate. 

be at liberty within one month next after such refusal to appeal by 
petition in writing to the Master of the Bolls against such refusal^ 
such petition to be presented in such manner and subject to such 
r^ulations as the Master of the Bolls may from time to time direct. 

In the meantime and until the Master of the Bolls otherwise 
directs, such petition shall, as to a final examination, be presented 
at the Petty Bag Office without the payment of any fee, and a copy 
of such petition shall be left therewith and shall be delivered by the 
derk of the petty bag to the secretary of the Incorporated Law 
Society, and the clerk of the petty bag shall also notify to such 
secretaiy the day appointed for the hearing of the petition, and the 
same shall be heard by the Master of the Bolls on such day after 
the expiration of fourteen days from the day on which such petition 
was presented and at such time as he may appoint. 

On the hearing of any petition under this section the Master of 
the BoUs may make such order as to him may seem meet, and 
where any person who has been refused a certificate of having 
passed his final examination, on appeal to the Master of the Bolls, 
obtains an order for his admission, such order shall entitle him to 
a certificate from the Incorporated Law Society of his fitness and 
capacity to act as a solicitor, and in the usual business transacted 
by a solicitor, in the same manner as if he had passed his final 
examination. 



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1&6 

General ex- 
emptioDB from 
preliminary 
examination. 



Ch, 26. 



Solicitors ExaminoUion, Ac. 



40 & 41 Vict. 



Power of 
judges to grant 
special exemp- 
tions from 
preliminary 
examination. 



Exemption of 
certain barris- 
ters from 
intermediate 
examination. 



Power of 
judges to pro- 
vide for ad- 
mission in 
certain cases 
after four years 
service. 



10. A certificate of having passed a preliminary examination 
under this Act shall not be required from any person who has taken 
the degree of Bachelor of Arts or Bachelor of Laws in the Univer- 
sities of Oxford Cambridge Dublin Durham or London, or in the 
Queen's University in Ireland, or the degree of Bachelor of Arts 
Master of Arts Bachelor of Laws or Doctor of Laws in any of the 
Universities of Scotland, (none of such degrees being honorary 
degrees,) or who has been called to the degree of Utter Barrister in 
Ehgland, or who has passed the first public examination before 
moderators at Oxford or the previous examination at Cambridge, or 
the examination in arts for the second year at Durham, or who has 
passed one of the local examinations established by the University 
of Oxford, or one of the non-gremial examinations established by 
the University of Cambridge^ or one of the examinations of the 
Oxford and Cambridge Schools Examination Board, or one of the 
matriculation examinations at the Universities of Dublin or London 
(notwithstanding he may not have been placed in the first division 
of such matriculation examination), or the examination for the first* 
class certificate of the College of Pi-eceptors incorporated by Royal 
Charter in 1849. 

'The presidents of the Queen's Bench Dividon, the Common Pleas 
Division, and the Exchequer Division of the High Court of Justice, 
and the Master of the Bolls, or any three of them (the Master of 
the Bolls being one), may make, and from time to time alter and 
revoke regulations extending the above exemption to any persons 
who pass any examination held in any of the above-mentioned 
universities or in the Oweh's College, Manchester, or in any other 
university, college, or educational institution, and specified in that 
behalf in the said regulations. 

11. The presidents of the Queen's Bench Division, the Common 
Pleas Division, and the Exchequer Division of the High Court of 
Justice, and the Master of the Rolls, or any one or more of them, 
may, where under special circumstances they or he see fit so to doy 
exempt any person from compliance with the enactments and regu- 
lations for the time being in force with respect to the preliminary 
examination either entirely or partially, or subject to any such 
conditions as to them or him may seem fit. 

12. Any person who has been called to the degree of Utter 
Barrister in England, and is of not less than five years standing at 
the bar, and has procured himself to be disbarred with a view of 
becoming a solicitor, and has obtained from two of the benchers of 
the inn to which he belongs or to which he belonged a certificate of 
his being a fit and proper person to practise as a solicitor, shall not 
be required to obtain a certificate of havjlng passed an intermediate 
examination under this Act, and shall be entitled on passing a final 
examination under this Act (except so much of such examination as 
relates to articles and service under articles) to be admitted and 
enrolled as a solicitor. 

13. The presidents of the Queen's Bench Division, the Common 
Pleas Division, and the Exchequer Division of the High Court of 
Justice, and the Master of the Rolls, or any three of them (the 
Master of the Rolls being one), may make and from time to time 
alter and revoke regulations directing that any person having passed 



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1877. Solicitors Eitaminatum, Ac, Ch. 25. 167 

any examination held in the Universities of Oxford Cambridge 
Dublin Dnrham or London, or in the Queen's University in Ireland, 
or in any of the Universities in Scotland, or in the Owen's College, 
Manchester, or in any other university, college^ or educational in- 
stitution, and specified in that behalf in sudi regulations, may be 
admitted and enrolled as a solicitor after service under articles of 
clerkship to a practising solicitor for the term of four years, but not 
so as to allow in any case a less term of service than four years. 

14. AU regulations duly made by any of Her Majesty's judges l^eof rega- 
or by the Society in pursuance of this Act before the first day of 1^^ fo^°***** 
January, one thousand eight hundred and seventy-eight shall come 
into force on that day, and on that day the general rules and 
regulations, dated the second day of November one thousand eight 
hundred and seventy-five, and the schedules thereto, (with the 
exception of the 'regulations ''As to re-admission and the taking 
out and renewal of certificates," and '' As to custody of rolls and 
documents," and '^ Provisions as to notices, &Ci already given,") shall 
to be of any force or effect. 



MiacellaneotJis ArneTid/menta of Law. 

15. Where any person articled to a solicitor has not served as' a Power for 
derk under such articles strictly within the provisions of The Master of Rolls 
SoUcitors Act, 1843, and The SoUcitors Act, 1860, and any Act ^^^^^ 
amending the same, but subsequently to the execution of his aiticles articles is irre- 
bonA fide serves (either continuously or not) one or more solicitors l*^* ^. 

as an articled clerk for periods together equal in duration to the c. 73. 

full term for which he was originally articled, and has obtained such 28 & 24 Vict. 

certificates as he is required by this Act to obtain, it shall be lawful ®* ^^^• 

for the Master of the Rolls in his discretion, if he is satisfied that 

such irregular service was occasioned by accident, mistalje, or some 

other sufficient cause, and that such service^ although irregular, 

'was substantially equivalent to a regular service, to admit such 

person to be a solicitor in the same manner as if such service had 

been a regular service within the meaning of the said Acts and any 

Act amending the same. 

16. The annual certificate required by law to be obtained by Form of ngis- 
every practising solicitor from the registrar of solicitors, and the ^* certifi- 
declaration required to be delivered to the registrar for the purpose 

of obtaining such certificate, may respectively be in the forms (A.) 
and (6.) in the first schedule to this Act, or to the like effect. 

17. Any solicitor may practise in all courts and before all persons Solicitors 
having or exercising power, authority, or jurisdiction in matters «l>giWe to 
ecclesiastical in England, and shall be deemed to be duly qualified S^e^^^ 
to practise and may practise in all matters relating to appUcations to courts. 
obtiun notarial faculties, and generally shall have and may exercise 

all the powers and authorities, and shall be entitled to all the rights 
and privileges, and may fulfil all the functions and duties which 
appertain or belong to the office or profession of a proctor, whether 
in the provincial, diocesan, or other jurisdictions in England. 

18. Commissioners for taking oaths in the Supreme Court of As to commis- 
'• " . — - . , . ., . gionenfor 



Judicature in England shall be commissioners for taking oaths in 2S^^^[jjg 
or for the purpose of any of the ecclesiastical courts or jurisdictions, ecci^asticai 
-'---—'- - . ^. ttion courts. 

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or matters ecclesiastical in England, or matters relating to application courts, 
for notarial faculties. ^^^ J2/{c/t> ^/Z* 



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JHS8 Oh. 25. SoUdtora JEkDomination, Jkc. 40 & 41 Vict. 

Ck>uiicii of 10. All rules and regulations acts matters and thiiigs respectively 

lAw'Societf authorised or required to be made or done by the Incorporated Law 

mayactonbe- Society under or in pursuance of this Act or of The Solicitors Act, 

half of Socie^. 1848, or of The Solicitors Act, 1860, or under any orders, rules, and 

regulations made in pursuance thereof respectively, may be made 

or done by the Council for the time being of the Society on behalf 

of the Society. 

Authentication 20. All rules regulations certificates notices and other documents 

andlSSSaf ^'^^ made or issued by the Incorporated Law Society for any purpose 

documents. whatever may be in writing or print, or partly in writing and 

partly in print, and may be signed on behalf of the Society by the 

secretary, or by such other officer or officers of the Society as may 

be from time to time prescribed by the Council. 

Construction 21. All enactments referring to attorneys which are in force 

of enactments immediately after the coming into operation of this Act shall be 

attOTe^ and construed as if the expression " solicitor -of the Supreme Court " 

examinations, were therein substituted for the expression "attorney,'* and all 

enactments relating to the examinations of attorneys and solicitors 

which are in force immediately after the coming into operation of 

this Act shall be construed as relating to the examinations to be 

held in pursuance of this Act. 

Temporary Provision and Repeal. 

Temporary 22. All persons who before this Act comes into operation have 

jproTision as to passed a preliminary but have not passed an intermediate or final 

examination^ and all persons who have passed an intermediate but 

have not passed a final examination under the enactments and 

regulations hereby repealed, shall be deemed respectively to have 

passed a preliminary or a preliminary and intermediate examination 

under this Act as the case may be, and all persons who have passed 

a final examination under the said enactments and regulations but 

have not been admitted shall be deemed to have passed a final 

examination under this Act. 

Repeal of 23. The Acts mentioned in the first part of the second schedule 

scheduled to this Act are hereby repealed as from the first day of January one 

enac en . thousand eight hundred and seventy-eight, to the extent specified 

in the third column in the said part of that schedule, with the 

qualification that so much of the said Acts as is set forth in the 

second part of that schedule shall be re-enacted in manner therein 

appearing, and shall be of the same force as if enacted in the body 

of this Act : Provided also, that this repeal shall not affect — 

(a) Anything duly done or suffered under any enactment hereby 

repealed ; or 

(b) Any right, liability, or penalty acquired, accrued, or incurred 

under any enactment hereby repealed, or any legal pro- 
ceeding or remedy in respect of any such right, liability, 
or penalty, and any such legal proceeding and remedy 
may be carried on as if this Act had not been passed ; 
38 & 39 Vict. And the regulations made by certain of the judges of the High 
^- '^- Coiu't of Justice in pursuance of the power contained in section 14 

of The Judicature Act, 1875, for adapting the enactments and forme 
therein mentioned, shall as from the said first day of January one 
thousand eight hundred and seventy-eight cease to be of any force 
or effect. 



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1877. Soliaitora Examhiatwih dto. Ch. 26. 160 



The SCHEDULES referred to in the foregoing Act. 
THE FIRST SCHEDULE. 

FOBM (A.) 

Registrar'a Certificate. 

No. 18 

Pursuant to The Solicitors Act, 1843, and the Acts amending the same, the 6 & 7 Vict. 

Incorporated Law Society, as the registrar of solicitors, hereby certifies that ^ ®* ^*' 
solicitor of the Supreme Court, whose place of 

business S ^ [ *^* > ^**^ *^ ^7 1©^ ^^ t^® secretary of the 

said society a declaration in writing signed by (a) , 

containing his name and place or places of business, together^with the term and] year, or 
the month and year in or as of which he was admitted, and hereby further certifies 
that the said solicitor is duly enroUed a solicitor of the Supreme Court, and is entitled 
to practise as such solicitor on this certificate being duly stamped as required by law. 

Given under the hand of the secretary of the Incorporated Law Society this 
aayof 187 . 

Secretary. 

Produced and entered this day of 187 • | 

(a) The said solicitor or the said solicitor's partner on his behalf or the said solicitor's 
London agent as the case may be. The name of the partner or agent need not he inserted 
here. 

*^^ If this Certificate is stamped after the \st January^ it must be produced to the 
registrar of solicitors within a month of the payment of the duty. 

If admitted a notary this certificate should he entered at the Faculty Office s if a 
proctor it should be entered in the court in which he is admitted. 



FOBM (B.) 

Declaration for obtavning the Begistra/r^s Certificate. 

No. 18 

I hereby declare that was admitted an 

attorney of (a) , in 

Term in the year 18 [or] a solicitor of the Supreme Court In the month of 

in the year 18 and that ^ ?^ > place of 

business { ^^ [ as follows (b) ; — 

Dated this day of 18 . 
Signature . 

[Partner or London agent of the said J 

To the Registrar of Solicitors. 

(a) One court is sufficient. 

{b) If rerooTed since last certificate state such removal. 



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170 



Ch. 25. 



SoUdtora Bheaminaiian, Jkc 40 & 41 Yicr. 



THE SECOND SCHEDULE. 

Pakt I. 
STUictments repealed. 



Session and Chapter. 



Title or Short Title. 



Extent of Repeal. 



6 & 7 Vict. c. 73. 



23 & 24 Vict. c. 127. 



An Act for oonsolidatinff and amending 
' seveial of the laws relating to attorneys 
and solicitors practising in England 
and Wales. 

An Act to amend the laws relating to 
attorneys, solicitors, proctors, and cer- 
tificated conveyancers. 



33 & 34 Vict. c. 28. - The Attorneys and Solicitors Act, 1870 - 



Sections 15, 16, 17, 18, 20, and 
so much of section 30 and of 
the Second Schedule as le- 
lates to fees payable to the 
Incorporated Law Society. 

Sections 8, 9, 11, 13,14, section 
19 from the words ''and 
after " to the end of the sec- 
tion; section 20 from the 
words '' and the said liords 
Chief Justices " to the words 
" from time to time," sec- 
tion 23, and the Schedules 
(A.) and (B.) 

Section 20. 



Part U. 
6 & 7 Vict. c. 73. 8. 15. 

If the Master of the Bolls or any of the judges of the Queen*s Bench Division, the 
Common Pleas Division, or the Exchequer Division of the High Court of Justice is, hy 
a. certificate or certificates granted in pursuance of this Act, satisfied with respect to any 
person applying to be admitted a solicitor of the Supreme Court that such person \a 
duly qualified to be admitted to act as a solicitor of the Supreme Court, then and not 
otherwise the Master of the Bolls shall administer the requisite oath and cause such 
person to be admitted a solicitor of the Supreme Court, and his name to be enrolled 
as a solicitor of such court, which admission shall be written on parchment and signed by 
- the Master of the Bolls. 

6 & 7 Vict. c. 73. 8. 20. 

Such person or persons as the presidents of the Queen's Bench Division, the Common 
Pleas Division, and the Exchequer Division of the High Court of Justice, jointly with 
the Master of the Bolls, shall for that purpose appoint, shall have the custody and ^care 
of the rolls or books wherein persons are enrolled as solicitors of the Supreme Court,^ and 
shall be deemed and taken as the proper officer or officers for filing such affidavits as in 
The Solicitors Act, 1843, are mentioned, and he or they is or are hereby also respectively 
required from time to time, without fee or reward, other than as in the said Act mentioned, 
to enrol the name of every person who shall be Emitted a solicitor of the Supreme Court 
pursuant to the directions in the said Act, and the time when admitted, in alphabetical 
order, in rolls or books to be kept for that purpose, to which rolls or books all persons 
shall and may have free access without fee or reward. 

23 & 24 Vict. c. 127. s. 23. 

If any solicitor of the Supreme Court, after having at any time taken out a stamped 
certificate, neglects for a whole year after the expiration thereof to renew the same for 
the following year, the registrar shall not afterwards grant a certificate to such solicitor, 
except under an order of the Master of the Bolls, and it shall be lawful for the Master 
of the Bolls to direct the registrar to issue a certificate to such person on spch terms and 
conditions as he may think fit. 



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1877. Companiea Acta Amendment. Ch. 26. 171 

CHAPTER 26. 

An Act to amend the Companies Acts of 1862 and 1867. 

[23d July 1877.] 

WHEREAS doubts have been eniertained whether the power 
given by the Companies Act, 1867, to a company of reauc)hg so & 81 Vict, 
its capital extends to paid-up capital, and it is expedient to remove c- ^^i. 
such doubts : 

Be it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. This Act may be cited for all purposes as the Companies Act, Short title. 
1877. 

2. This Act shall, so far as is consistent with the tenor thereof, Constraction 
be construed as one with the Companies Acts, 1862 and 1867, and ^^^^ yic^. 
the said Acts and this Act may be referred to as ''The Companies c. 89. 
Acts, 1862, 1867, and 1877." 80 * 8i Vict. 

3. The word "capital" as used in the Companies Act, 1867, V*^* 
shall include paid-up capital ; and the power to reduce capital con- ^f S*^^^^ 
ferred by that Act shall include a power to cancel any lost capital, and powers to 
or any capital unrepresented by available assets, or to pay off any reduce ^PJ^ 
capital which may be in excess of the wants of the company ; and ^^^i y^. 
paid-up capital may be reduced either with or without extinguishing c. idi. 

or reducing the liability (if any) remaining on the shares of the 
company, and to the extent to which such liability is not extinguished 
or reduced it shall be deemed to be preserved, notwithstanding 
anything contained in the Companies Act, 1867. 

4. The provisions of the Companies Act, 1867, as amended by Application of 
this Act, shall apply to any company reducing its capital in pur- SJ^r^li'v^^t 
suance of this Act and of the Companies Act, 1867, as amended by ©. isi. 

this Act : 

Provided that where the reduction of the capital of a company 
does not involve either the diminution of any liability in respect of 
unpaid capital or the pajrment to any shareholder of any paid-up 
capital, 

(1.) The creditors of the company shall not, unless the Court 
otherwise direct, be entitled to object or required to consent 
to the reduction ; and 
(2.) It shall not be necessary before the presentation of the 
\ petition for confirming the reduction to add, and the Court 
may, if it thinks it expedient so to do, dispense altogether 
with the addition of the words " and reduced," as men- 
tioned in the Companies Act, 1867. 
In any case that the Court thinks fit so to do, it may require the 80 & si Vict, 
company to publish in such manner as it thinks fit the reasons for ^' ^^'' 
the reduction of its capital or such other information in regard to 
the reduction of its capital as the Court may think expedient with 
a view to give proper information to the public in relation to the 
reduction of its capital by a company, and, if the Court thinks fit, 
the Ciiuses which led to such reduction. 

The minute required to be registered in the case of reduction 
of cii)ital shall show, in addition to the other particulars required 



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172 Ch. 26, 27. Gompames Acts Ameruhnent 40 & 41 Vict. 

by law, the amount (if any) at the date of the registration of the 

minute proposed to be deemed to have been paid up on each share. 

Power to 5. Any company limited by shares may so far modify the con- 

r^ST ^^^*f ditions contained in its memorandum of association, if authorised 

l^on*o^m- " SO to do by its regulations as originally framed or ss altered by 

issued shares, special resolution, as to reduce its capital by cancelling any shares 

which, at the date of the passing of such resolution, have not been 

taken or agreed to be taken by any person ; and the provisions of 

" The Companies Act, 1867," shall not apply to any reduction of 

capital made in pursuance of this section. 

Reception of 6. And whereas it is expedient to make provision for the 

oertified copies reception as legal evidence of certificates of incorporation other than 

as i^OeX ^^ original certificates, and of oertified copies of or extracts fix)m 

dence. any documents filed and registered under the Companies Acts, 1862 

2* * 2^ ^^^*- to 1877 : Be it enacted, that any certificate of the incorporation of 

30 & 81 Vict. ^^7 company given by the registrar or by any assistant registrar 

c. 181. for the time being shall be received in evidence as if it were the 

^^2^ *^ ^^®** original certificate ; and any copy of or extract from any of the 

documents or part of the documents kept and registered at any of 

the offices for the registration of joint stock companies in England, 

Scotland, or Ireland,- if duly certified to be a true copy under the 

hand of the registrar or one of the assistant registrars for the time 

being, and whom it shall not be necessary to prove to be the r^is- 

trar or assistant registrar, shall, in all legal proceedings, civil or 

criminal, and in all cases whatsoever, be received in evidence as of 

equal validity with the original document 

C^^^ CHAPTER 27. 

An Act to grant Money for the purposes of Loans by the 
Commissioners of Public Works in Ireland, and to remit 
certain Loans, and to amend the Law relating to Loans 
for public purposes by the Commissioners of Public 
Works in Ireland. [23d July 1877.] 

IIA HEREAS imder divers Acts, and particularly those mentioned 
▼ ▼ in the first schedule to this Act, advances out of the Con- 
solidated Fund are made, without interest, for divers purposes in 
Ireland, and are repayable by counties, coimties of cities, and coun- 
ties of towns in Ireland upon presentments made by the grand joiy, 
and such advances are made in different methods and by different 
authorities : 

And whereas it is expedient to authorise interest to be chained 
on such of those advances as are mentioned in the first part of the 
said schedule, and to provide that they should be made in one 
method and by one authority : 

And whereas it is expedient that the advances under the Acts 
mentioned in the second part of the first schedule to this Act 
should, after a limited period, be made by treasurers of counties, and 
not out of the Consolidated Fund : 

And whereas certain advances out of the Consolidated Fund have 
been made in Ireland for the objects mentioned in the second 
schedule to this Act, and upon each of these advances the amount 



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1877. PubUc Works Loans (Ireland). Ch. 27^. 178 

mentioned in that schedule, together with interest, is unpaid, and 
due to the Consolidated Fund : 

And whereas no sums have been recovered, either by way of 
principal or interest, upon the said advances during a long period 
of years^ and it is inexpedient to keep open for any further period 
the account of such advances : 

And whereas it is expedient to make better provision with respect 
to the provision of funds for the purpose of loans by the Commis- 
sioners of Public Works in Ireland, and to grant money for those 
loans: 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

Preliminary. 

L This Act may be cited as the Public Works Loans (Ireland) Short tide. 
Act, 1877. 

2. In this Act the term '^ county " means a county at large, also Definition of 
a county of a city, a county of a town and city, and a city or town " connty." 
and county. 

PART I. 

AmeTulment as to Loo,ns to Local Avihorities and Remission of 

swfidry Loans. 

3. All advances out of the Consolidated Fund made by way of Charge of 
loan after the passing of this Act, in pursuance of the Acts men- ^t^rest on 
tioned in the first part of the first schedule to this Act, or of any i^^^ j" 
other Act authorising loans to local authorities in Ireland without proYisions as 
interest (other than for the purposes mentioned in the second part ^ *^®" ^^^ 
of the said schedule), shaU bear interest at the rate of three and ^^d'^^"^'^ 
a half per centb per annimi, or at such other rate as the Commis- 
sioners of Her Majesty's Treasury (in this Act referred to as the 
Treasury) from time to time fix, in order to enable the advance to 

be made without loss to the Exchequer. 

All such advances shall be made through the Commissioners of 
Public Works in Ireland, acting under the direction of the Treasury, 
in such manner as the Treasury shall by order from time to time 
direct ; and the power vested by the said Acts in the Lord Lieu- 
tenant, or the Lord Lieutenant in Council, to direct any sum to be 
issued out of the Consolidated Fund, shall be transferred to and 
vested in the Treasuiy. 

Every such advance and the interest thereon shall be repaid 
within such period from the date of the advance as the Treasury 
shall by order from time to time fix, so that it do not in any case 
exceed twenty years or any less period fixed by the said Acts ; 
all orders made by the Treasury in pursuance of this section shall 
be laid before each House of Parliament within forty days next 
after the same are made, if Parliament is then sitting, or, if not, 
within forty days after the then next meeting of Parliament. 

Nothing in the foregoing provisions of ttas section shall apply 
to loans which at the passing of this Act have been authorised by 
an Order of the Lord Lieutenant in Council. 



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174 



Recovery 
from fj^rand 
jury of ad- 
vances made. 



Ch. 27. 



Piiblic Works Loans (Ireland). 40 & 41 Vict, 



Advances for 
support of 
Imiatic asylmns 
by oonnty 
treasurer 
instead of out 
of Consolidated 
Fund. 



Power to lend 
for purchase of 
tolls of bridge 
on security of 
county cess. 



All advances made (whether before or after the passing of this 
Act) in pursuance of the said Acts shall be remitted or compounded 
only under the authority of Parliament in each casa 

4. Where any advance made in pursuance of the Acts mentioned 
in the first schedule to this Act, whether made before or after the 
passing of this Act, has been made on the faith of the presentment 
of a grand jury, or a grand jury are authorised or required to present 
the amoimt required for the repayment of any such advance as 
above mentioned^ the grand jury shall be authorised and required, 
without any previous proceeding at any presentmait sessions, to 
present the amount required for the repayment of the whole of such 
advance, and of the interest thereon ; and upon the certificate of 
the Commissioners of Public Works in Ireland that any sum in 
respect of an advance, or interest on an advance, is due to the 
Consolidated Fund from any county, or any part thereof, being 
sent to the secretary of the grand jury of such county, the grand 
jury shall at the next assizes or presenting term, without any 
previous proceeding at any presentment sessions^ present such sum, 
or in default thereof the judge of assize or the court shall order such 
sum to be raised, which order shall have the force of a presentment, 
and such sum shall be applotted and raised and levied accordingly 
as if the same had been inserted on a presentment duly made at sudi 
assizes or presenting term ; and every sum raised in pursuance of 
this section shall be paid into the Bank of Ireland to the account of 
Commissioners of Public Works in Ireland, or in such other manner 
as the Treasury from time tt) time direct. 

In this section, the expression " grand jury " shall include the 
town council of any borough to whom the powers of a grand jury 
with respect to the presentment of public money have been trans- 
ferred. 

5. Whereas by the Act of the session of the first and second 
years of the reign of Her present Majesty, chapter one hundred and 
sixteen, intituled ''An Act to facilitate advances out of County 
" Monies for the support of County Qaols and Institutions in 
" Ireland," provision is made for the treasurer of a county or 
county of a city or town in Ireland advancing sums required for 
the support of any gaol or other public institution for which a 
presentment has been made at the preceding assizes, and it is 
expedient that advances for the opening and maintenance of a lunatic 
asylum should be made in pursuance of that Act, and not out of the 
Consolidated Fund ; be it therefore enacted that — 

A lunatic asylum shall be deemed to be a public institution 
within the meaning of the Act above in this section recited, and 
advances for the support thereof may be made accordingly. 

After the thirty-first day of March one thousand eight hundred 
and seventy-eight, advances shall not be made out of the Con- 
solidated Fund in pursuance of the Acts mentioned in the second 
part of the first schedule to this Act. 

Any advance made in pursuance of those Acts before the said 
day shall be repaid by such instalments as the Treasury may fix. 

6. Where any Commissioners, acting under any Act of Parliament 
passed either before or after the passing of this Act in relation to any 
bridge or the tolls thereof, are authorised to borrow any sum or sums 



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1877. Publdc Works Loans (Irdcmd). Ch. 27. 175 

of money for the purpose of the purchase of the tolls payable on 
such bridge, or of paying off any lien or incumbrance on such tolls, 
or otherwise of freeing such bridge from toll, and the principal 
and interest of the sum or sums so borrowed are charged by such 
Act on the county cess or grand jury rate of any county, or of any 
part or parts thereof, and are required by the said Act to be 
presented by the grand juries of sucb county, the Commissioners 
of Public Works in Ireland may, if it seems fit^ lend, in accordance 
with the Acts relating to loans by those Commiasioners, any sum 
or sums of money for the purposes aforesaid ; and if an arrangement 
for any such loan has been made by the Commissioners of Public 
Works, and approved by the Commissioners of Her Majesty's 
Treasury before the passing of this Act, the sum or sums maybe lent 
on the terms of such arrangement. 

For the purpose of auy loan under this section, the grand jury 
or grand juries shall present the amount required for the repayment 
of such loan and the interest thereon, and direct the same to be 
raised by the ixistalments and at the times required for such 
repayment, and the same shall be raised accordingly, and the 
provisions of this Act with respect to the recovery of an amount 
required for the repayment of an advance to a grand jury shall, 
without prejudice to any other remedy, apply in like manner as if a 
loan under this section, and the interest thereon, were an advance 
made to a grand jury in pursuance of 'the Acts mentioned in the 
first schedule to this Act : Provided, that where the said loan is ^ 

charged on the county cess or grand jury rate of a part only of a 
county, the same shall be applotted, raised, and levi^ in that part 
only. 

7. Whereas by section thirty-seven of the Act of the session of AdTance for 
the tenth year of the reign of Her present Majesty, chapter thirty- improvement 
two, intituled "An Act to facilitate the Improvement of Landed ^rTytoc^ 
* Property in Ireland," the Commissioners of Public Works^in Ireland interest from 
are authorised, with the sanction of the Treasury, to make loans for datcof adTance 
the purposes of that Act, repayable by means of a rentcharge at six 
pounds ten shillings, payable for a term of twenty-two years, by 
half-yearly payments on every fifth day of April and tenth day of 
October in every year during the said term, to be computed from 
the second of those dates which shall happen next after the 
advance : 

And whereas by section three of the Act of the session of the 
twenty-ninth and thirtieth years of Her Majesty, chapter forty, 
intitided " An Act to authorise a further advance of money for the 
'* same and additional purposes," the Commissioners are authorised 
to make loans for the purposes of that Act and the Acts therein 
recited, repayable by means of a rentcharge at five pounds per 
centum per annum, payable for a term of thirty-five years, by half- 
yearly payments on every fifth day of April and tenth day of 
October in every year during the said term, to be computed from 
the second of those dates which shall happen next after the advance : 
And whereas it is expedient to amend the same by authorising 
interest to be charged on such loans from the day of each advance 
to the first gale day that shall next follow in manner following : 



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176 Ch. 27. * Pv^lic Works Loans {Ireland). 40 & 41 Vict. 

Be ifc therefore enacted that in case any loan is made after the 
passing of this Act in pursuance of the said recited Acts of tenth 
Victoria, chapter thirty-two, and twenty-ninth and thirtieth 
Victoria, chapter forty, or either of them, or any other Acts continuing 
and extending the provisions of either of them, it shall be lawful 
to further charge the lands included in any order of the said Com- 
missioners of Public Works with interest on such loan at the rate 
of three and a half p^ centum per annum from the date of each 
advance to the first gale day which shall next happen ; videlicet, 
the fifth day of April or the tenth day of October. 

Advances for 8. Whereas by section three of the Act of the session of the 

***®j^ to thirty-eighth and thirty-ninth years of Her Majesty, chapter eighty- 

cMTy i^erest two, intituled " An Act to afford facilities for the erection, enlarge- 

firom the date " ment, improvement, and purchase of dwelling-houses for residences 

of advance. u f^j. teachers of certain national schools in Ireland," it is provided 

that every loan shall be repayable by an annual sum of five pounds 

for every one hundred pounds of such sum from time to time 

advanced, and to be payable for the term of thirty-five years, to 

be computed from the date of the advance in respect of which the 

said annual sum shall be charged, such annual sum to be paid by 

equal half-yearly payments on the fifth .day of April and tenth day 

of October in every year during the said term of thirty-five years, 

with such apportionment, if any, as may be necessary in respect of 

the first and last of such payments : 

And whereas it is desirable that the repayment of aU loans made 
under the provisions of the said recited Acts of the tenth, the twenty- 
ninth and thirtieth, and the thirty-eighth and thirty-ninth years of 
Her present Majesty shall be uniform in respect of date of repayment 
and interest : ^ 

Be it therefore enacted that in all advances made in pursuance 

of the thirty-eighth and thirty-ninth Victoria, chapter eighty-two, 

notwithstanding the provisions of the said recited third section 

as to the mode of computing the rentcharges payable thereunder, 

such rentcharges shall be computed and paid in accordance with 

the provisions of the third section of the twenty-ninth and thirtieth 

I Victoria, chapter forty, as amended by the seventh section of this 

I Act in respect of interest which shall accrue from the date of the 

I advance to the first gale day which shall next happen. 

I ErtmgniBh- 9. The debts due to the Consolidated Fund mentioned in the 

ment o^^e^^ second schedule to this Act, and aU arrears of interest thereon, shall, 
dnle. ' after the passing of this Act, be extinguished : 

Provided that any debt which in the schedule is expressed to 
be remitted only upon performance of any condition shall not be 
remitted until that condition is performed. 

Bepealof Acts. 10. So much of the Acts mentioned in the first schedule to this 
Act as is inconsistent with this part of this Act is hereby repealed : 
Provided that such repeal shall be without prejudice to any right 
acquired or liability accrued under any enactment hereby repealed, 
and any sum advanced in pursuance of such enactment may be 
recovered as if that enactment had not been repealed, and proceed- 
ings for the enforcement thereof taken accordingly. 



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1877. Public Works Loans (Trdand). Ch. 27. 177 

PAKT 11. 

Permanent provision as to Funds for Loa/iisfor Commissioners 
of Public Works. 

U. For the purpose of passing an annual Act of Parliament Aimaal esti. 
granting money for the purpose of loans by the Commissioners "^*® ^f^ 
of Public Works in Ireland, every intending borrower shall send required. 
to the Commissioners, on or before the thirty-first day of December 
in every year, a statement of the new loan or instalments of a loan 
already granted which the sender will probably apply to borrow 
during the ensiung financial year ; and the Commissioners of Public 
Works shall as soon as practicable submit all such statements to 
the Treasury, with such observations thereon and information re- 
specting the same as they may think expedient, and as may be 
necessary for enabling the Treasury to lay before the House of 
Commons an estimate of the amount required to be granted for 
the purpose of loans by the Commissioners of Public Works. 

The Commissioners of Public Works shall not, except with the 
special permission of the Treasury, decide upon complying with an 
application for a loan, or advance any instalment of a loan, which 
has not been included in such a statement as above mentioned. 

The Treasury, if they think that after providing for the loans 
and instalments included in the said statements, or such of them 
as will actually be advanced, there will be a balance out of the 
sum granted by Parliament suiKcient to meet any loan or instal- 
ment not included in the statements, may, if they think fit, grant 
such special permission, and may grant it conditionally upon the 
said balance being in their opinion sufficient when the time for 
the actual payment arrivea 

The Commissioners of Public Works, with the consent of the 
Treasury, may, if they think fit, from time to time make and when 
made rescind and vary regulations requiring quarterly statements 
to be sent by the borrowers of the amounts which will be required 
by such borrowers ; and while such regulations, if any, are in force, 
the Treasxury may, if they think fit, refuse to issue in any quarter 
of a financial year any larger sum than the total of the amounts 
named in the statements referring to such quarter. 

12. When any money has been granted by Parliament for the Ibbub of money 
purpose of loans by the Commissioners of Public Works, the ^^^ pnrpoae of 
Treasury may from time to time, as they think fit, issue out of ^^^' 

the Consolidated Fund of the United Kingdom, or the growing 
produce thereof, the required sums, not exceeding in the whole the 
amount so granted. 

The said sums shall be issued in such manner as the Treasury 
may from time to time direct during the period authorised by 
the Act granting the same, or, if no period is authorised, during 
the financial year for which such Act was passed, and not 
subsequently. 

13. All money so issued shall be placed to the general cash Money so 
account at the Bank of Ireland of the Commissioners of Public '^™^*^ ^® 
Works for the purpose of loans by them ; and all enactments for f^^g ^ 
the time being in force for the regulation of the Commissioners of 
Public Works, and the money at their disposal, and their securities, 

[•niE L^W REPORTS.] ^ 



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178 Ch. 27. Public Works Loans {Irdand). 40 & 41 Vicr. 

and the proceedings thereon, shall, so far as such enactments are 
consistent with this Act, apply in the case of the money issued in 
pursuance of this Act. 
Borrowing for 14. If the Act granting money for the purpose of loans by the 
the purpose of Commissioners of Public Works authorises the Treasury to bortow 
raising money. ^^^ money, or any part thereof, the Treasury may raise any sums 
(not exceeding the amount authorised by the said Act to be 
borrowed, and not exceeding in any one financial yeaar the excess of 
the issues out of the Consolidated Fund under this Act during that 
year over the repayments to the Consolidated Fund during that 
year in respect of the principal of loans granted by the Com- 
missioners of Public Works either before or after the passing of 
this Act,) in such one or more of the following methods as may be 
directed by the Act authorising the .money to be borrowed^ and 
subject to any such direction as miay be deemed most convenient for 
the public service, namely, by the creation of three pounds per 
centum per annum permanent annuities, or of annuities for any 
term not exceeding thirty years, or by the issue of Exchequer 
bonds or Exchequer bills, or Treasury bills, or by otherwise borrow- 
ing the same (for a period not exceeding six months) on the credit 
of the charge created by this Act on the Consolidated Fond, or by 
all of such means ; and the sums so raised shall be placed to the 
credit of the aecount of Her Majesty^s Exchequer, and form part of 
the Consolidated Fund. 

The annuities created in pursuance of this section, and the 
principal moneys borrowed in pursuance of this section (otherwise 
than by the issue of Exchequer bonds), and all interest from time 
to time due thereon, or on Exchequer bonds issued under this 
section (not exceeding the rate of five per cent, per annum), shall 
be charged upon and be payable out of the Consolidated Fund, or 
out of the growing produce thereof, at such times in each year as 
may be fixed by the Treasury. 

The principal of any Exchequer bonds issued under this section 
shall be paid out of moneys provided by Parliament. 

The annuities, whether terminable or perpetual, shall be created 
by warrant of the Treasury to the Bank of England, directum 
them to inscribe in their books the amount of such annuities in the 
names directed by the warrant. 

The said annuities shall, in manner directed by the warrant, be 
consolidated in the said books, if terminable, with annuities pay- 
able at the same date, and if permanent, with annuities at the 
same rate of interest, and payable at the same date, and shall be 
transferable in the said books in like manner as the annuities with 
which they are consolidated, and shall be subject to the enactments 
relating to those annuities so far as is consistent with the tenor 
of those enactments. 
Accounts and 15. Such accounts as the Treasury may from time to time direct 
audit. Qf all moneys issued from or payable to the Consolidated Fund in 

pursuance of this Act during every financial year, and of all toms- 
actions during that year, relating to loans by the Commissioners of 
Public Works, including aU sums due for the time being from any 
person in respect of any loan granted either before or after the 
passing of this Act, by the Commissioners of Public Works or any 



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1877. 



Public Works Loans (Irela/nd). 



Ch. 27. 



179 



authority whatever out of money issued in Ireland out of the 
Consolidated Fund^ shall be kept by the Commissioners of Public 
Works, and such other persons (if any), and be audited by the 
Comptroller and Auditor General in such manner as the Treasury 
may from time to time direct. 

16. After the passing of this Act, so much of any Act as Repeal of 
authorises the issue of any money for the purpose of loans which ^?h^^,^ 
under this or any other Act are authorised to be made by or through issues for loans, 
the Commissioners of Public Works is hereby repealed ; provided 

that, 

(1.) This repeal shall be without prejudice to anything pre- 
viously done under any enactments hereby repealed ; and 
(2.) Nothing in this section shall apply to sums issued in pur- 
suance of the Landlord and Tenant (Ireland) Act^ 1870, 3S & 34 Vict. 
or be deemed to repeal any portion of that Act. ^' ^^' 

PART III. 

Armual issue of Money for Loans by Com/missioneTS of Public 

Works. 

17. For the purpose of loans by the Commissioners of Public Grant of 
Works any sum or sums not exceeding in the whole seven hundred J^^^^/^^the 
thousand pounds may be issued out of the Consolidated Fund of period ending 
the United Kingdom or the growing produce thereof in manner the aoth of 
provided by Part II. of this Act during the period endmg on the ^"^^ ^®^^' 
thirtieth day of June one thousand eight hundred and seventy- 
eight, or on any earlier day on which a further Act authorising the 

issue of money for those loans comes into operation. 

The Treasury may, in the manner and subject to the limitations 
provided by Part II. of this Act, borrow the said sum or any part 
thereof 

FIRST SCHEDULE. 
Part One. 



Object of Loan. 


Acts. 


Lunatic A8}rhiins (erection of bnildings) . - - 

Port Roads (repairs) . . - - - 
Harbours and Piers (repairs) - - - - 
Navigations (repairs) - - - - - 


7 Geo. 4. 0. 74. 8. 17. 
6&7Will.4.c. 116.S. 124. 
1 & 2 Geo. 4. c. 33. s. 4. 
6&7 Will. 4. 0.1 16. s. 93. 

8 & 9 Vict. 0. 107. 

18 & 19 Vict. c. 109. ss. 1-6. 
6&7 WiU.4.c. 116. 88. 61,62. 
16 & 17 Vict. c. 136. 88. 11,12. 

19 & 20 Vict. c. 62, 8s. 29, 30. 



Part Two, 




Object of TiOan. 


Acta. 


Lunatic Asylums (opening and maintenance) 


6 Geo. 4. c. 64. 
6&7Will. 4. C.116. 8. 93. 



M 2 



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180 



Ch.27. 



Public Works Loans (Irdand). 40 & 41 Vict. 



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1877. 



Public Works Loans (Ireland). 



Ch. 27. 



181 




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182 



Ctt27. 



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1877. Game Laws (Scotland) Amendment, Ch, 28. 183 

CHAPTER 28. 

An Act to amend the Laws relating to Game in Scotland. 

[2d August 1877.] 

%1/ HKKEAS divers Acts of Parliament have from time to time 

▼ ▼ been passed relating to the preservation of game in Scotland, 

and certain of these Acts are enumerated in Schedule I. to this Act 

annexed, and are in this Act referred to as the " Game Acts :" 

And vhereas it is expedient that these Acts should he amended : 

Be it enacted by the Queen's most Excellent Majesty, by and 

with the advice and consent of the Lords Spiritual and Temporal, 

and Commons, in this present Parliament assembled, and by the 

authority of the same, as follows : 

1. This Act may be cited for all purposes as '* The Game Laws Short title and 
Amendment (Scotland) Act, 1877," and shall apply to Scotland only. «^n* ^^ -^.ct. 

2. This Act shall commence and come into operation on the first Commence- 
day of January one thousand eight hundred and seventy-eight, ™®^*®^-^®*- 
which day is hereafter referred to ss the commencement of this 

Act. 

3. In this Act, unless there be something in the subject or Interpretation, 
context repugnant to such construction, 

1. The word '^lessor " shall mean the grantor of any lease of land 

for any term not less than two years, and also the person or 
persons for the time in the right and subject to the obliga- 
tions of the grantor with respect to such lease ; 

2. The word " lessee " shall mean the grantee of any lease of land 

for any term not less than two years, and also the person or 
persons for the time in the right and subject to the obliga- 
tions of the grantee with respect to such lease ; 

3. The word " sheriff" shall include sheriff substitute ; 

4. The word " game " shall include all the animals enumerated in 

the Game Acts or any of them ; 

5. The word " crop " shall include grass, whether intended for 

hay or pasture, except where grown upon muirlands ; 

6. The term ^ Small Debt Acts'* shall mean the Act of the 

seventh year of "William the Fourth and the first year of 
Victoria, chapter forty-one, and any Acts amending the 
same; 

7. The term ** Sheriffs Small Debt Court " shall mean the court 

established under the Small Debt Acts. 
4. Where under any lease made subsequently to the commence- Lessee entitled 
ment of this Act, or where by presumption of common law upon ^ compensa- 
any land occupied under a lease made subsequently to the com- give dama^Tto 
mencement of this Act, the lessor shall reserve or retain the sole crops by game. 
right of hunting, killing, or taking rabbits, hares, or other game, or 
any of them, the lessee shall be entitled to compensation for the 
damage done to his crops in each year by the rabbits and hares or 
other game to which the lessor may have reserved or retained the 
sole right, in excess of such sum as may have been set forth in the 
lease as the amount of annual damage for which it is agreed no 
compensation shall be due ; and if no such sum shall be set forth 
in the lease, then in excess of the sum of forty shillings. 



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184 



In case of 
excessive dam- 
age, lessee to 
intimate the 
same to lessor. 



Provisions as 
to arbitrations 
for settling 
claims of dam- 
age between 
lessor and 
lessee. 



Ch. 28. Game Laws (Scotland) AraendmerU, 40 & 41 Vict. 

During the currency of any lease the parties thereto may from 
time to time, by any agreement in writing, increase or diminish 
the estimated amount of the annual damage aforesaid. 

5. In the event of a lessee in occupation of land under a lease 
made subsequently to the commencement of this Act being of 
opinion that the damage done to his crops by rabbits or hares 
or other game to which the lessor may have reserved or retained 
the sole right, in any one year during the lease, such year being 
reckoned from Whitsunday to Whitsunday, has exceeded the sum 
named in the lease, or, if no sum is therein named, the sum of 
forty shillings, he shall intimate this opinion to the lessor in writing, 
stating at the same time that it is his intention, failing agreement 
as to the amount of such excess of damage, or a reference to arbitei's 
to settle the same, to take steps to recover the amount of such 
excess of damage in the form and manner herein-after provided. 

6. When a lessor and lessee agree in writing to refer to arbitration 
any claim of damage arising under this Act, or have agreed so to 
do in any lease made subsequently to the passing of this Act, the 
following provisions shall have effect : 

1 . Either party having in writing named an arbiter, and given 

notice of the nomination to the other party, and called on 
him to name an arbiter, and the other party having for 
foui*teen days after such call failed to comply therewith in 
writing, the arbiter nominated may settle the claim as if he 
had been appointed by both parties, and his award shall be 
final. The oflSice of every such arbiter shall be held to 
endure until the term of Whitsunday next following the 
date of his appointment, and thereafter until he shall have 
given his award or awards with reference to all claims for 
any damages as aforesaid arising during the year ended at 
the same term. 

2. Where two arbiters are named by the parties the arbitere 

shall, before proceeding to the arbitration, name in writing 
an oversman or umpire who shall be entitled finally to decide 
on the claim in case of their disagreement. 

3. The reference, the claim, the nomination of an arbiter or 

oversman, and the award may be validly made by any 
writing, however informal, admitted or proved to be 
genuine. 

4. No proceedings under this section shall be void for want of 

form. In an arbitration under this section the course of 
the procedure and the inquiry shall be such as the person 
or persons acting therein shall direct, and the award therein 
shall be final, and though informal may be enforced by 
action in any court of law, according to the true construction 
and tenor thereof 

5. Any notice under this section shall be in writing,, and may be 

served on the pei'son to whom it is to be given either 
personally or by leaving it for him at his last known place 
of abode in Scotland, or by sending it through the post in a 
registered letter addressed to him there ; and if so sent by 
post it shall be deemed to have been served at the time 
when the letter containing it would be delivered in ordinary 



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1877. Game Laws (Seotiand) Amendment Oh. 28. 185 

course, and in order to prove service by letter it shall be 
sufficient to prove that the letter was properly addressed 
and posted and that it contained the notice to be served. 

7. With regard to actions for the recovery of damages under l^ro^wons m 
this Act, the following provisions shall have effect : dSimaSe^be^^ 

1. No such action at the instance of a lessee against a lessor shall tween lessor 

.be competent unless the lessee shall have given to the lessor ">d lessee. 
notice in writing of his intention to bring the same, in the 
case .of damage done to growing crop, except grass for pas- 
ture, at least three weeks before the crop is reaped or raised, 
and in the case of damage done to crop reaped or raised, 
at least one week before it is removed from the land, and 
in the case of damage done to gi-ass for pasture at least 
fourteen days before any person to be called as a witness by- 
the lessee to value the damage shall inspect the crop with 
the view of valuing such damage : 

2. Any such action may be brought in the Sheriffs Small Debt 

Court of the county within, which the lands or any part 
thereof are situated, without regard to the amount sued for 
in name of damage, provided that such amount shall not 
exceed the sum of fifty pounds sterling, exclusive of expenses 
: and fees of extracts, and all the provisions of the Small 
Debt Acts shall apply to any such action so brought in the 
same maimer as if such action were brought for a sum not 
exceediug twelve pounds sterling : Provided always, that the , 
sheriff substitute shaU, whenever required to do so by either 
party, take and record the evidence led before him, in which 
case an appeal shall lie to the sheriff, whose judgment shall 
be final : 

3. Where the amount sued for exceeds the sum of fifty pounds 

the action shall be brought in the ordinary sheriff court. 

8. From and after the commencement of this Act, it shall be Lessee in ac- 
lawful for any lessee, being in the actual occupation of lands and ^ idi"^T 
having the right of killing hares thereon, by himself or by any ^^out game* 
person dii*ected or authorised by him in writing according to the certificate. 
Form in Schedule II. to this Act annexed, or to the like effect^ to 

pursue, take, kill, or destroy any hare then being in or upon any 
such land without obtaining any game certificate. 

d. Provided always, and be it enacted, that no lessee shall be Limit of antho- 
authorised to grant or continue, under the provisions of this Act, J^^ ^ ^^ 
authority to more than one person at one and the same time to 
kill hares upon the land occupied by him within any one parish : 
Provided also, that the lessee shall intimate to the lessor of the said 
lands, or his factor, or any one to whom he may have instructed 
the lessee to transmit such intimation, the name of the person so 
authorised by the lessee. 

10. From and after the commencement of this Act, all offences Prosecutions 
against the Game Acts shall be prosecuted subject to the following ^^^' ^^•™* 
provisions ; that is to say, 

(1.) Any prosecution which is at present competent either before 
the sheriff or the justices of the peace for the county 
shall, from and after the passing of this Act, be competent 
only before the sheriff: 



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186 Ch. 28. Game Laws (Scotland) AToendment. 40 & 41 Yicr, 

(2.) Any prosecution whioh is at ptea&at competent only before 
^e justices of the peace for the county shall, firom and 
after the passing of this Act, be competent only before 
the sheriff, who shall have all jurisdiction, aathority, and 
power necessary for entertaining and determining the 
same ; and all forms, procedure, and provisions appUcable 
to prosecutions before justices of the peace shall, except 
as herein*after provided, be applicable, mutatis mutandis, 
to prosecutions before the sheriff as aforesaid : 
(3.) Where in any county there is more than one resident sherifi 
substitute any prosecution under the Qsme Acts shall be 
brought before the court of a sheriff substitute within 
whose district the offence is alleged to have been com- 
mitted, or before the sheriff sitting in such court : 
(4.) Offences which are now cognisable only by the Court of 
Justiciary shall hereafter be prosecuted only before such 
court 
No person to YL. From and after the commencement of this Act, any person 
amuTfor^^ who has been or shall be prosecuted for any act or acts as consti- 
same offence, tuting an offence under any one or more of the Game Acts shall 
not be liable to be again prosecuted for the same act or acts as 
constituting an offence under any other of tha Qame Acts : Pro- 
vided always, that nothing in this section shall apply to any 
prosecution under any enactment relating to the Inland Revenue. 
Existing leases 12. This Act shall not prejudice or affect any lease of land or 
aboS'^*°*e°n*t ^^^ ^®^® ^' agreement about game existing at the date of the 
to be affected, commencement of this Act. 

SCHEDULES. 

a.) 

An Act of the Parliament of Scotland, passed in the year 1587, 
chapter 43, intituled '^ Aganis slayeris of deir and utheris v^yld beastis." 

An Act of the Parliament of Scotland, passed in the year 1621, 
chapter 31, intituled ^^ Anent hunting and haulking." 

An Act of the Parliament of Scotland, passed in the year 1707, 
chapter 91, intituled " Act for preserving the game." 

An Act for the more effectual preservation of the game in that part 
of Great Britain called Scotland^ and for repealing and amending several 
of the laws now in being relative thereto. 13 George III., chapter 54. 

An Act for repealing two Acts passed in the thirty-sixth jear of the 
reign of His present Miyesty, which limit the time for killing partridges in 
England and Scotland, and for amending so much of an Act passed in the 
second year of the reign of His present Majesty, as relates to such limi- 
tation wthin that part of Great Britain called England, by making other 
provisions for that purpose. 39 Geo. HI., chapter 34. 

An Act for the more effectual prevention of persons going armed by 
night for the deslxuction of game. 9 George lY., chapter 69. 

An Act to amend the laws in England relative to game. 1 & 2 William 
IV., chapter 32. 

An Act for the more effectual prevention of trespasses upon property 
by persons in pursuit of game in that part of Great Britain called Scotland. 
2 & 3 William IV., chapter 68. 

An Act to extend an Act of the ninth year of King George the Fourth 
for the more effectual prevention of persons going armed by night for the 
destruction of game. 7 & 8 Victoria, chapter 29. 



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1877. Gmie Lmvs (Scotland) Amendment. Oh. 28, 29. 187 

An Act to enable all persons having at present a right to kill hares in 
Scotland to do so themselveSy or by persons anthorized by them, without 
being required to take out a game certificate. 11 & 12 Yictoriay chapter 30. 

An Act to repeal the duties on game certificates^ and certificates to deal 
in game, and to impose in lieu thereof duties on excise licences and certi- 
ficates for the like purposes. 23 & 24 Victoria, chapter 90. 

An Act to amend the laws relating to the Inland Revenue. 24 & 25 
Victoria, chapter 91. 

An Act for the prevention of poaching. 25 & 26 Victoria, chapter 114. 

(II.) 

I, A^B.f do authorise CD. to kill hares on die lands occupied by me 
within the {here insert the name of the parish or other place^ as the cage 
may be). 

Dated this day of • • 

{here insert the day, month, and year,) 

A.B. 
Witness, 



CHAPTER 29^ 



An Act for the protection of the Property of Married 
Women in Scotland, [2d August 1877.] 

WHEREAS it is just and expedient to protect to the extent 
herein-aft^ provided for the property of married women in 
Seotland : 

Be it enacted by the Queen's most Excellent Majesty, by and 
with the advice and conseiit of the Lords Spiritual and Temporal, 
and Commons^ in this present Parliament assembled, and by the 
authority of the same, as follows : 

L This Act shall commence and take effect from and after the Commence- 
first day of January one thousand eight hundred and seventy- ™®^*®^-^*'^ 
eight. 

2. This Act shall extend to Scotland 'only. Extent of Act. 

8. The jus mariti and right of administration of the husband Protection of 
shall be excluded from the wages and earnings of any married ^'^^^'^ ^^ 
woman, acquired or gained by her afber the commencement of this women. 
Act, in any employment, occupation, or trade in which she is 
engaged, or in any business which she carries on under her own 
name, and shall also be excluded from any money or property 
acquired by her after the commencement of this Act through the 
eixercise of any literaiy, artistic, or scientific skill, and such wages, 
earnings, money, or property, and all investments thereof, shall be' 
deemed to be settled to her sole and separate use, and her receipts 
shall be a good discharge for such wages, earnings, money, or 
property, and investments thereof. 

4« In any marriage which takes place after the commencement of Liability of 
this Act, the habihty of the husband for the ante-nuptial debts of ^^^^^^^ 
his wife shall be limited to the value of any property which he shaU noptiaTd^ts 
have received from, through, or in right of his wife at, or before, limited to 
or subsequent to the marriage, and any court in which a husband a^^*of.pro- 
shall be sued for such debt shall have power to direct any inquiry ^u^*her! 



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188 



Savings. 

24 & 25 Vict. 

c. 86. 

37 & 38 Vict. 

c. 31. 

Short title. 



Ch. 29, 30. Married Women! a Property (Scotland). 



40 & 41 Vict- 
of 



or proceedings which it may think proper for the purpose 
ascertaining the nature, amount, and value of such property. 

5. This Act shall not aftect the rights conferred upon a married 
woman by the Conjugal Rights (Scotland) Amendment Act, 1861, 
or the Conjugal Bights (Scotland) Amendment Act, 1874. 

6. This Act may be cited as " The Married Women's Property 
(Scotland) Act, 1877." 



31 & 82 Vict 
c. 110. 

32 & 33 Vict, 
c. 78. 

33 & 34 Vict 
c. 88. 



Power for the 
Treasury to 
raise before 
l8t April 1879 
a farther sam of 
500,000/. for the 
purposes of the 
Telegraph 
Acts. 



AppHcation 
of moneys 
raised. 



CHAPTER 30. 

An Act for enabling a further Sum to be raised for tlie 
purposes of the Telegraph Acts, 1868 to 1870. 

[2d August 1877.] 

WHEREAS divers funds have been authorised to be raised for 
the purposes of the Telegraph Acts, 1868 to 1870, and with 
a view to the payment under those Acts of compensation to railway 
companies in respect of telegraphs it is expedient to authorise the 
Commissioners of Her Majesty's Treasury (in this Act referred to as 
the Treasury) to raise farther funds for the purposes of those Acts : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. The Treasury at any time before the first day of April one 
thousand eight hunderd and seventy-nine may, in addition to any 
sum previously authorised to be raised by them, raise for the 
purposes of the Telegraph Acts, 1868 to 1870, any sum or sums of 
money not exceeding in the whole five hundred thousand pounds 
sterling, by the creation of three pounds per cent, per annum 
permanent annuities. 

Such annuities shall be charged upon the Consolidated Fund, 
and shall be paid out of the permanent annual charge for the 
National Debt. 

The annuities shall be created by warrant of the Treasury to the 
Governor and Company of the Bank of England, directing them to 
inscribe in their books the amount of such annuities in tiie names 
directed by the warrant. 

The said annuities shall in manner directed by the warrant be 
consolidated in the said books with annuities at the same rate of 
interest and payable at the same date, and shall be tran^^ferable in 
the said books in like manner as the annuities with which they 
are consolidated, and shall be subject to the enactments relating to 
those annuities so far as is consistent with the tenor of those 
enactments. 

2« All moneys raised in pursuance of this Act shall be placed 
to the account of the Paymaster General at the Bank of England 
and shall be issued from time to time under regulations to be made 
by the Treasury, and to be laid by them before Parliament ; such 
moneys shall not be applied for the purpose of the extension of 
telegraphs or for the payment of interest on any purchase-money or 
compensation payable in respect of telegraphs, unless such interest 



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1877. Telegraphs (Money). Ch. 30, 31. 189 

is not separately stated in any award or agreement, but shall be 
applied only for the other purposes of the Telegraph Acts, 1 868 to 
1870. 

3. Accounts of all expenditure out of moneys raised in pursuance Accounts of 
of this Act shall be prepared by the Postmaster General in the form expenditure, 
approved by the Treasury, and be transmitted to the Comptroller 

and Auditor General, to be examined by him as if they were 
appropriation accounts, in manner directed by the Exchequer and 29 & so Vict.. 
Audit Departments Act, 1866. ""' ^^' 

4. This Act may be cited for all purposes as the Telegraphs ShOTttitieB. 
(Money) Act, 1877 ; and this Act and the Telegraph Acts, 1868 to "^o*^ ^'*'*- 
1876 may be cited together as the Telegraph Acts, 1868 to 1877. .32 & 83 Vict 

c. 78. 

^ ^^^^^^^ 33 & 84 Vict. 

' ' '" """ " '^'^^ c. 88. 

^«i* A «^nn.n-» ^^ 39 * 40 Vict. 

CHAPTER 31. C.5. 

An Act to give further facilities to Landowners of limited 
interests in England and Wales and Ireland to charge 
their estates with the expenses of constructing Reservoirs 
for the storage of Water, and other similar purposes. 

[2d August 1877.] 

WHEREAS landowners of limited interests in England and 
Wales, with the approval of the Inclosure Commissioners, 
and in Ireland of the Commissioners of Public Works in Ireland, 
are enabled to charge their estates with sums expended by them 
in constructing reservoirs and other works for the supply of water, 
if it can be shown to the satisfaction of the said Commissioners that 
such works will effect a permanent yearly increase in the value of 
such estates for agricultural purposes exceeding the yearly amount 
proposed to be charged thereon, and are also enabled to charge their 
estates with sums subscribed for the construction of railways and 
navigable canals, if it can be shown to the satisfaction of the Com- 
missioners that such railways and canals will effect a permanent 
yearly increase in the value of such estates for any purpose 
exceeding the yearly amount proposed to be charged thereon : 

And whereas in many places it would greatly conduce to the 
affording of a plentiful supply of pure water to the inhabitants of 
villages and towns and to the industrial requirements of the locality, 
if facilities were given to landowners of limited interests to charge 
their estates, subject to the approval of the Commissioners, with 
sums expended by them in constructing reservoirs and other works 
for the supply of water, of a character permanently to increase the 
value of such estates for other than agricultural purposes, or to be 
otherwise permanently productive of profit to the owners of the 
estates, and if such landowners were also enabled to charge their 
estates with sums subscribed by them for the construction of water- 
works on the same terms and conditions as those on which they are 
now enabled to charge their estates with subscriptions for the 
construction of railways and canals : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 



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190 



Short title. 

Extent of Act. 
Act incor- 
porated with 
27 & 28 Vict, 
c. 114. 
Certain 
provisions of 

26 & 27 Vict. 
c. 93. incor- 
porated. 

27 & 28 Vict, 
c. 114. 



What to be 

deemed im- 

proyements 

within 

27 & 28 Vict. 

c. 114. 



Ch. 81. 



Reservoirs, 



40 & 41 Vict. 



Temporal, aad Commons, in this present Farliiunent assembled, and 
by the authority of the same, as follows : 

1. This Act may be cited as the Limited Owners Reservoirs and 
Water Supply Further Facilities Act, 1877. 

2. This Act shall not extend to Scotland. 

3« This Act shall be incorporated with the Improvement of Land 
Act, 1864, and tl|e two Acts shall be read together as one Act 

4. The provisions of the Waterworks Clauses Act, 1863, with 
respect to the security of the reservoirs constructed by the under- 
takers are incorporated with this Act ; and in that Act, as incorporated 
with this Act, tiie expression ''the special Act" shall mean and 
include the Improvement of Land Act, 1864, and this Act ; and the 
expression " the undertakers " shall mean any person who constructs 
or erects a^y reservoir or dam under the autiiority of either of the 
last-mentioned Acts. 

6. The construction or erection of reservoirs or other works of a 
permanent character for the supply of water to persons residing or 
engaged in labour on th6 lands on which such works are situate, or 
on any other lands settled to the same uses, or for the more con- 
venient or profitable user of such lands, or for the supply of water 
to any sanitary or other local authority or water company, or to 
any manufiujturer or other person, or for any one or more of such 
purposes, shall be deemed to be an improvement of land within the 
meaning of the ninth section of the Improvement of Land Act, 
1864, and shall be sanctioned by the Commissioners, if it can be 
shown to their satisfaction that such reservoirs or works for the 
supply of water will for any purpose effect a permanent yearly 
increase in the value of the lands on which they are situate, or any 
other lands settled to the same uses, or will be permanently pro- 
ductive of a yearly revenue to the owner of such lands exceeding 
the yearly amount proposed to be charged thereon ; and the con- 
struction of any such works shall be deemed to include the purchase 
by the landowner of any water right or other easement which might 
otherwise interfere with or prevent the construction of the same or 
any such supply of water as aforesaid. 

In calculating whether the improvement is likely to effect a 
permanent increase of the yearly value of the land, or be productive 
of a yearly revenue to the landowner exceeding the yearly amount 
proposed to be charged thereon, it shall be lawful for the Commis- 
sioners to take into account the value of any contract, the terms of 
which have been agreed upon between the landowner and any 
sanitary or other local authority, or water company, or manufacturer 
or other persons, for the purpose of supplying such authority, com- 
pany, person, or persons with water, as well as the effect on such 
value or revenue of any sum expended by the landowner in the 
construction of the works over and above the sum proposed to be 
charged upon the land. 

When the improvement will afford a supply of water to persons 
residing or engaged in labour on the lands on which the proposed 
works win be situate, or on any other lands settled to the same 
uses, the Commissioners may, if they think fit, sanction the improve- 
ment, although it may not be shown that the same wiU effect a 



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1877. Mea&irvoirs. Ch^ 81. 191 

direcfc yeady increase in the value of the lands^ or be productive of 
a yearly revenue to tlie owner of the lands exceeding the yearly 
amount proposed to be charged thereon. 

6« Any landowner charging or proposing to charge his estate Supply of water 
with the cost of the construction of reservoirs or other works for *? ^^ antho- 
the supply of water under this Act may enter into any agreement "*^* 
for the supply of water to any sanitary or other local authority, 
water company, manufacturer, or other person, for any term not 
exceeding the number of years during which the cost of the im- 
provement, or any part of it, is made a charge upon the estate : 
Provided that every such agreement be approved by the Commis- 
sioners, and that no premium or benefit in iLe nature of a premium 
be reserved thereby by the landowner. 

7. Any company now authorised to contract with landowners in Power to con- 
England or Wales, or in Ireland, for the execution of any works ^^!^^^lf^^' 
for the improvement of land, or to make advanoes for the purpose reservoirs, &c. 
of executing or assisting in the CKecution of such works, may^ with 

the approval of the Commissioners, contract with any such land- 
owner for the execution of any reservoirs or works of water supply, 
the cost of which may by this Act be charged upon the estates of 
such landowner, and may, with the like approval, make advances 
for the purpose of executing or assisting in the execution of such 
reservoirs or works ; and for this purpose the execution of any such 
reservoirs or works shall be deemed to be an improvement of land 
within the meaning of any Act of Parliament or Articles of 
Association relating to any such company. 

8. Any landowner desiring to charge his estates with subscriptions Subscriptions 
for the construction of waterworks by a water company may charge *^ waterworks. 
his estates with such moneys on the same terms and conditions as 

he may under the Improvement of Land Act, 1864, charge his 
estates with moneys subscribed for the construction of railways or 
navigable canals ; and for this purpose the provisions contained in 
sections seventy-eight to eighty-nine, both inclusive, of the Improve- 
ment of Land Act, 1864, shall apply^ mutatis mutandis, to such 
subscriptions, as if the same had been subscribed for the construction 
of a railway or navigable canal 

9. Nothing in this Act shall be conistrued to authorise any Protection of 
landowner, or any water company, local authority, person, or persons t^^^- 
authorised by any landowner, to injuriously affect any reservoir, 

canal, river, stream, or navigation, or the feeders thereof, or the 
supply, quality, or fall of water contained in any reservoir, canal, 
river, stre^vm, or navigation, or in the feeders thereof, or any other 
water rights or easements in cases where any body of persons or 
person would, if this Act had not passed, have been entitled by 
law to prevent or be relieved against the injuriously affecting such 
reservoir, canal, river, stream, navigation, feeders, or such supply, 
quality, or fall of water, or other water rights or easements, unless 
the landowner, water company, local authority, person, or persons 
first obtain the consent in writing of the body of persons or person 
so entitled as aforesaid. 

10* In this Act the following words and expressions shall have Definitiong. 
the following meanings ; that is to say, 



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192 Ch. 31,32. Eeaeryoirs. 40 & 41 ViCT. 

''The Commissioners" means the Inclosure CommissionerB of 

England and Wales, or the Commissioners of Public Works in 

Ireland, as the case may require : 
'' The Improvement of Land Act, 1864/' means the 27th and 28th 

Vict, c 114: 
** Works for the supply of water " includes wells, pumps, reservoirs, 

cisterns, ponds, tanks, aqueducts, cuts, sluices, mains, pipes, 

culverts, machinery, and things for supplying or used in 

supplying water : 
'' W^ater company " means any person or body of persons, corporate 

or unincorporate, supplying or who may hereafter supply water 

for his or their own profit : 
'' liocal authoiity " means any authority having jurisdiction for 

any public local purpose. 
The several words and expressions to which by the Improvement 
of Land Act, 1864, meanings are assigned, shall in this Act have 
the same respective meanings as in that Act 



OHAPTBR 32. 

An Act to remit certain Loans formerly made out of the 
Consolidated Pund or other Public Revenue of the United 
Kingdom. [2d August 1877.] 

WHEREAS ceiiain advances out of the Consolidated Fund or 
other public revenue of the United Kingdom have been made 
for the objects mentioned in the schedule to this Act, and the 
account of each of these advances shows the amount mentioned in 
that schedule, together with interest, to be unpaid, and due to the 
Consolidated Fund : 

And whereas in the case of the advance for the purchase of a 
Bankruptcy Court it is doubtful whether the amount has not been 
virtually repaid, and in the case of certain other advances it is 
doubtful whether the advance has not been remitted, and in the 
case of aU the said advances there is no prospect of recovering any 
further amount by way of principal or interest, and it is inexpedient 
to keep open for any fiirther period the account of such advances : 

Be it therefore enacted by the Queen's most Excellent Majesty, 

oy and with the advice and consent of the Lords Spiritual and 

Temporal, and Commons, in this present Parliament assembled, and 

by the authority of the same, as follows : 

Short titl«. 1. This Act may be cited as the Public Loans Remission Act, 

1877. 

Extmgaish- 2. The debts due to the Consolidated Fund mentioned in the 

ment of debts schedule to this Act, and all arrears of interest thereon, shall, after 

in schedule. ^^^ passing of this Act, but subject to the provisions contained in 

the schedule, be extinguished, and the amount of debt so extinguished 

shall be considered as a free grant from Parliament. 



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1877. 



PvJUic Loans Remission. 



Ch. 82. 



193 




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194 



Ch. 82. 



PubUo Looms R&nmeion. 



40 & 41 Vict. 






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Ch.32. 







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196 



Ch. 32. 



PvJtlic Loans Remisfdan. 



40 & 41 Vict. 




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1877. 



PvhUo Locma Benmaion. 



Ch.32. 



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198 



g«. ,38, 34. 



Contmgmt Bemwrnders, 



40 & 41 Vict. 



^Oji.XC^i^'y 



CHAPTER 33. 

An Act to amend the Law as to Contingent Remainders. 

[2d August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, 
and by the authority of the same, as follows : 
Cases inwhich 1, Every contingent remainder created by any instrument 
contingent re- executed after the passing of this Act, or by any will or codicil 
revived or republished by any will or codicil executed after that 
date, in tenements or hereditaments of any tenure, which would 
have been valid as a springing or shifting use or executory 
devise or other limitation had it not had a sufficient estate to 
support it as a contingent remainder, shall, in the event of the 
particular estate determining before the contingent remainder 
vests, be capable of taking effect in all respects as if the con- 
tingent remainder had originally been created as a springing or 
shifting use or executory devise or other executory limitation. 



mainders 
capable of 
taking effect. 






Application 
of Acts in 
Schedule. 



CHAPTER 34. 

An Act to amend the Acts seventeenth and eighteenth 
Victoria, chapter one hundred and thirteen, and thirtieth 
and thirty-ftret Victoria, chapter sixty-m'ne. 

[2d August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, 
and by the authority of the same, as follows : 

1. The Acts mentioned in the Schedule hereto shall, as to any 
testator or intestate dying after the thirty-first December one 
thousand eight hundred and seventy-seven, be held to extend to 
a testator or intestate dying seised or possessed of or entitled to 

£4^ ^ii>**^ Jjjiany land or other hereditaments of whatever tenure which shall 
at the time of his death be charged (with the payment of any sum 
or sums of money by way of mortgage, or any other equitable 
charge, including any lien for unpaid purchase money; and the 
devisee or legatee or heir shall not be entitled to have such sum 
or stuns discharged or satisfied out of any other estate of the 
testator or intestate unless (in the case of a testator) he shall 
within the meaning of the said Acts have signified a contrary 
intention ; and sudi contrary intention shall not be deemed to 
be signified by a charge, of or direction for payment of debts 
upon or ^ out of residuary real and personal estate or residuary 

Act not to real estate. 

extend to 2. This Act shall not extend to Scotland. 

Scotland. 



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1877. EoDon&ration of Charges, Oh. 34, 85, X9i) 

SCHEDULE. 



17&18Vict.c. 113.. 
30 & 31 Vict. 0. 69. - 



An Act to amend the law relating to the administration 

of the estates of deceased persons. 
An Act to explain the operation of the Act 17 & 18 Viot. 

c. 113. 



CHAPTER 36. 

An Act for affording Paoilities for the enjoyment by 

the Public of Open Spaces in the Metropolis. 

[2d Augufit 18770 
"XTTHEREAS ifc is expedient to aflEbrd facilities for making 
V ▼ available the open spaces in and near the metropolis for 
the use of the inhabitants for exercise and recreation, and to enable 
the Metropolitan Board of Works to acquire the control and manage- 
ment of such open spaces for such purposes : 

Be ifc enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. The Metropolitan Board of Works may, by purchase on Metropolitan 
voluntary sale, or by the gift of the person or persons legally ^*^^ of 
entitled to dispose of the same, acquire or accept the ownership acquire and 
of any open spaces, whether inclosed within rails or palings, or hold open 
pninclosed, situated in the metropolis, and hold the same in trust P'**^^^'^! 
for the perpetual use thereof by the public for exercise and recreji- public. ^ 
tioii, and may from time to time make byelaws for the regulation 

of such open spaces, and may by such byelaws provide for the 
removal of any person infringing any such byelaw by any officer of 
the said Board or police constable. Byelaws under this section 
shall be made in the same manner and subject to the same con- 
ditions as byelaws made by the said Board under the Metropolis is & lo vict. 
Management Act, 1855. *^- 1^^- 

2. Where any open spaces now are or hereafter may be used as Right of entry 
places of exercise and recreation for the inhabitants of certain ^^ p^**^^'*' ^^ 
houses, and the property and right of user is now or hereafter b^^conveycSu^ 
may be vested in one or more persons as owners or occupiers of Metropolitan 
such houses, such owners and occupiers (if any) may convey to ^^^^ *^^ 
the Metropolitan Board of Works, in trust for the public, the 

right to enter upon and use and enjoy such open spaces, subject 
to such terms and conditions as may be agreed upon. 

3. The Metropolitan Board of Works shall be entitled to make Provision for 
such provision as may be necessary for maintaininff and profcectine '^^cp^^e "P 
the open spaces so acquired by them. ^ ^ 

4. The Metropolitan Board of Works shall be empowered to Expenses. 
pay out of the funds at their disposal or which they are em- 
])0wered to raise under the said Metropolis Management Act, 1855, is & lo Vicr. 
and the several Acts amending the same, the costs and charges ^- ^^^' 



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200 



Extent of Act. 



14 & 15 Vict. 

c. 95. 

29 & 30 Vict 

0. 1S2. 

82 & 33 Vict. 

c. 107. 



Meaning of 
term ** metro- 
polia." 

In ihe City of 
London the 
powers of the 
Act to be exe- 
cuted by the 
Corporation. 

Short title. 



Ch. 35, 36, 



Open ^pOfCes (Metropolis). 40 & 41 Vict. 



which they may incur in the execution of this Act, and such costs 
and charges shall be deemed to be expenses for which provision is 
made by such Acts. 

5. This Act shall not extend to the royal parks, nor to any 
land belonging to Her Majesty in right of Her Crown or of Her 
Duchy of Lancaster, or any garden, ornamental ground, or orna- 
mental land for the time being under the management of the 
Commissioners for the time being of Her Majesty^s Works and 
Public Buildings or of the Commissioners for the time being 
acting under the Crown Estate Paving Act, 1851, or to any 
Metropolitan Common within the meaning of '* The Metropolitan 
Commons Act, 1866," and *' The Metropolitan Commons Amendment 
Act, 1869," nor to any land belonging to either of the honourable 
Societies of the Inner Temple and Mddle Temple. 

6. The term '^ metropolis '^ in this Act means all parishes and 
places mentioned in Schedules A., B., and C. to the said Metropolis 
Management Act, 1855. 

7. The powers in this Act conferred on the Metropolitan Board 
of Works shall in the City of London be exercised by the mayor, 
aldermen, and commons of the said city, ^ho shall defray all 
the expenses caused by or connected with the execution of such 
powers. 

8. This Act may be cited as the Metropolitan Open Spaces Act, 
1877. 



20 & 21 Vict. 
C.26. 



CHAPTER 36. 

An Act to amend '^ The Eegistration of Leases (Scotland) 
Act, 1857/' [6th August 1877-J 

TTTHEREAS an Act was passed in the session hoiden in the 
* f twentieth and twenty-first years of Her Majesty (chapter 
twenty-six) to provide for the registration of long leases in Scotland 
and assignations thereof; and whereas it is expedient to amend 
the said Act : 

Be it therefore enacted by the Queen's most Excellent Majesty, by 
and with th^ advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. Section nineteen of the said recited Act shall be read as if 
the word "commissary"' occurred therein immediately after the 
word " sheriff." 

2. Nothing in this Act shall affect the provisions of an Act passed 
in the forty-ninth year of His late Majesty King George the Third 

^I^aS^* *® ^ (chapter forty-two) for the better regulating the public records of 
Scotland. 

3. This Act may be cited for all purposes as '' The Registration 
of Leases (Scotland) Amendment Act, 1877." 



'< Commis- 
sary " to be 
read in recited 
Act after 
"iheriff." 
Act 49 G. 3. 
c. 
affected. 

Short title. 



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1877. T^vde Marks. Ch. 37. 201 



CHAPTER 37. 

An Act for extending the Time for the Registration of 
Trade Marks, in so far as relates to Trade Marks used in ' 
Textile Industries. [6th August 1877.] 

%l^HEEEAS by section one of the Trade Marks Registration 39 & 40 Vict. 
▼ ▼ Amendment Act, 1876, it is provided that from and after <5. 83. 
the first day of July one thousand eight hundred and seventy- 
seven a person shall not be entitled to institute any proceeding to 
prevent or to recover damages for the infringement of any trade 
mark as defined by the Trade Marks Registration Act, 1875 (referred 88 & 39 Vict. 
to in such Amendment Act and in this Act as the principal Act), ^' ^^' 
until and unless such trade mark is registered in pursuance of the 
principal Act, or until and unless, with respect to any device, mark, 
name, combination of words, or other matter or thing in use as a 
trade mark before the passing of the principal Act, registration 
thereof as a trade mark imder the principal Act snail have been 
refused, as is in the said Act thereafter mentioned : 

And whereas by reason of the difficulties attending the regis- 
tration of trade marks used in the textile industries it has been 
found impossible to complete the registration of such trade marks 
within the time specified by the said section, and it is therefore 
expedient to prolong such time as aforesaid : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this pre^sent Parliament assembled, and 
by the authority of the same, as follows : . 

1. In so {asr as relates to the registration of trade marks used in Extension of 
the textile industries, but not further or otherwise, section one of *^? ^^^'^ r««^»- 
the Trade Marks Registration Amendment Act, 1876, shall be con- ^rkruwdl^* 
strued as if for the words " from and after the first day of July one textile indus* 

" thousand eight hundred and seventy-seven " there were substi- *"«*• 
tuted the words ^from and after the first day of January one 
** thousand eight hundred and seventy-eight, or such farther time 
** as Her Majesty may by Order in Coimcil determine." 

2. The expression in this Act ** Trade marks used in the textile Defibutiou of 
industries'^ means the trade marks relating to goods comprised in "trademarks 
classes 23 to 35, both inclusive, of the First Schedule to the rules ^i^-^^^ 
under the Trade Marks Registration Acts, 1875-76, dated September tries. 
1876. 

3. Tlus Act may be cited for all purposes as the '* Trade Marks Short title of 
Registration Extension Act, 1877," and this Act and the Trade ^<^^* 
Marks Registration Amendment Act, 1876, and the Trade Marks 
Registration Act, 1875, may be dted together as the ''Trade 

Marks Registration Acts, 1876-77/' 



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202 .Oh. 38, 39. Board of Education (fif,) Contmuance. 40 & 41 .Vjot. 

CHAPTER 38. 

An Act to continue for One Year the Board of Education 

in Scotland. [6th August 1877.] 

35 & 36 Vict. \\r HEREAS by the Education (Scotland) Act, 1872, it was, inter 

c. 62. T T alia, provided that " with a view to greater efficiency and 

" convenience in the institution and organisation of schools and 

" School Boards under the provisions of this Act, a Board of 

^ ^' Education for Scotland shall be and is hereby established, to 

'' endure for the term of three years from and after the pa^ssing 

" of this Act, with power to Her Majesty, by Order in Council 

'' made before the expiration of that term, to extend the same for 

*' a further period of not more than two years :" 

And whereas the period of endurance of the Board of Education 
in Scotland was extended by Her Majesty, by Order in Council, 
in terms of the recited Act, untU the sixth day of August one 
thousand eight hundred and seventy-seven : 

And whereas it is expedient that the same should be further 
extended : 

Be it therefore enacted by the Queen's most Excellent Majesty, 

by and with the advice and consent of the Lords Spiritual and 

Temporal, and Commons, in this present Parliament assembled, and 

by the authority of the same, as follows : 

Continuance 1. The Board of Education in Scotland shall endure, and shall 

of Board of have all rights, privileges, powers, and duties belonging to it at the 

fth*Tu^st*^^^ passing of this Act, until the sixth day of August one thousand eight 

1878. hundred and seventy-eight. 

Constrnction of 2. This Act and the recited Act shall be read and construed 
Act. together as one Act. . 

An Act to amend the Pactors' Acts. [10th August 1877.] 

WHEREAS doubts have arisen with respect to the true meaning 
of certain provisions of the Factors' Acts, and it is expedient 
to remove such doubts and otherwise to amend the said Acts, for 
the better security of persons buying or making advances on 
goods, or documents of title to goods, in the ususd and ordinary 
course of mercantile business : 

Be it enacted by the Queen's most Excellent Migesty, by and 

with the advice and consent of the Lords Spiritual and Temporal, 

and Commons, in this present Parliament assembled, and by the 

authority of the same, fiB follows : 

Factories Act^ 1. In this Act, the expression *' the principal Acts " means the 

defined. following Acts ; that is to say. 

The Act of the 4th Geo. IV, (1823) c. 83, 
The Act of the 6th Geo. IV. (1825) c. ,94. 
The Act of the 5th and 6th of Her Majesty (1842), a 39. 
And the said Acts and this Act may be cited for all purposes as 
the " Factors' Acts, 1823 to 1877." 
Amendment 2. Where any agent or person has been entrusted with and 

ofiaw withre- continues in the possession of any goods, or documents of title to 



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187?. Fadoi^8' Acts Ame'iidment Ch. 89, 40. 303 

goods, within the meaning of the principal Acts as amendecj by reyocation of 
this Act> any revocation of his entrustment or agency shall not ^^^^^* ^^ 
prejudice or affect the title or rights of any other person who, 
witiiout notice of such revocation, purchases such goods, or makes 
advances upon the faith or security of such goods or documents. 

3, Where any goods have been sold, and the vendor or any With respect to 
person on his behalf continues or is in poiEsession of the documents ^®?J!j^^**^- 
of title thereto, any sale, pledge, or other disposition of the goods documents of 
or documents made by such vendor or any person or agent entrusted title to goods. 
by the vendor with the goods or documents within the meaning of 

the principal Acts as amended by this Act so continuing or being 
in possession, shall be as valid and effectual as if such vendor or 
person were an agent or person entrusted by the vendee with the 
goods or documents within the meaning of the principal Acts as 
amended by this Act, provided the person to whom the sale, pledge, 
or other disposition is made has not notice that the goods have 
been previously sold. 

4. Where any goods have been sold or contracted to be sold, and With wapcct 
the vendee, or any person on his behalf, obtains the possession of the ^tted^Thavo 
documents of title thereto from the vendor or his agents, any sale, possesBion of 
pledge, or disposition of such goods or documents by such vendee documents of 
so in possession or by any other person or agent entrusted by the ^^^V^^/t^^j 
vendee with the documents within the meaning of the principal fwJtfo^J. 
Acts as amended by this Act shall be as valid and effectual as if ^^ g^^. 
such vendee or other person were an agent or person entrusted by 

the vendor with the documents within the meaning of the principal 
Acts as amended by this Act, provided the person to whom the sale, 
pledge, or other disposition is made has not notice of any lien or 
other right of the vendor in respect of the goods. 

6. Where any document of title to goods has been lawfully With respect 
indorsed or otherwise transferred to any person as a vendee or *? transfers of 
owner of the goods, and such person t<ransferB such document by utie. 
indorsement (or by delivery where the document is by custom, or 
by its express terms transferable by delivery, or makes the goods 
deliverable to the bearer) to a person who takes the same bonS fide 
and for valuable consideration, the last-mentioned transfer shall 
have the same effect for defeating any vendor's lien or right of 
stoppage in transitu as the transfer of a bill of lading has for 
defeating the right of stoppage in transitu. 

6« This Act shall apply only to acts done and rights acquired Act not to he 
ftfter the passing of this Act. retrospective. 



CHAPTER 40. 

Aq Act to amend the Form of Warrant of Execution on 
certain Extracts of Writs registered in the Books of , 
Council and Session and Sheriff Court Books in Scot- 
land ; and to provide for the Authentication of certain 
Extracts of Writs. [10th August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Tern- 



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204 



Extracts of 
writs registered 
in Books of 
Council and 
Session to 
have, in certain 
cases, warrant 
for execution. 

Form of war- 
rant of execu- 
tion inserted in 
extracts of all 
protests, &c 

Extracts of 
writs registered 
in Sheriff Court 
Books to have 
warrant of 
execution in 
certain cases. 



Competent to 
arrest, chaise, 
and poind by 
virtue of the 
extract, with 
warrant for 
execution 
thereon. 



Warrants of 
execution un- 
challengeable 
on certain 
grounds. 



Extracts of 
deeds regis- 
tered in the 
Books of 
Council and 
Session, and 
Hegisterof 
Sasines, to be 
authenticated. 



CiL 40. Registered WrUa Execution (Scotland). 40 & 41 Vict. 

poral; and Commons, in this present Parliament assembled^ and by 
the authority of the same, as follows : 

1. In all extracts of writs, deeds, or other documents which contain 
a clause of registration for preservation and execution, and which are 
registered in the register of deeds and probative writs and protests 
in the Books of Council and Session in Scotland, the keeper or 
assistant keeper of the said register shall insert a warrant for 
execution in the form, or as nearly as may be in the form, of the 
Schedule to this Act annexed. 

The warrants for execution inserted in the extracts of all protests 
of bills, promissory notes or bankers notes, or certificates of judgment 
registered for execution under the Judgments Extension Act, 1868, 
shall be as nearly as may be in the form of the said Schedule to 
this Act annexed. 

2. In all extracts bf writs, deeds, or other documents which contain 
a clause of registration for preservation and execution, and which 
are registered in the Sheriff Court Books of any county in Scotland, 
and in all extracts of protests of bills, promissory notes, or bankers 
notes registered in the Sheriff Court Books, the sheriff clerk shall 
insert a warrant of execution in the form, or as nearly as may be 
in the form, of the Schedule to this Act annexed. 

3. It shall be lawful by virtue of the warrant inserted in any 
extract under the provisions of the two preceding sections, to arrest 
the readiest goods, debts, and sums of money of the debtor or 
obligant mentioned in such extract, in payment and satisfaction of 
the sum or sums of money or obligation or obligations therein 
specified, as also to charge the debtor or obligant therein mentioned 
to pay the sum or sums of money or to perform the obligation or 
obligations therein specified within the appropriate days of charge, 
under the pain of poinding and imprisonment, so far as competent, 
the terms of payment or implement being first come and bygone, 
and if he fail to obey the said charge, then, so far as competent, 
to apprize, poind, and distrain all his readiest goods, gear, and other 
effects, in payment and satisfaction of the said sum or sums or 
obligation or obligations, and if necessary for effecting said poinding 
to open shut and lockfast places. 

4. It shall not be competent to challenge the validity of extracts 
of writs, deeds, or other documents, or of extracts of protests of bills, 
promissory notes or bankers notes, or cei*tificateH of judgment as 
aforesaid, registered in the Books of Council and Session, or in the 
Sheriff Court Books, containing warrants of execution, and issued 
prior to the commencement of this Act from the offices of the register 
of deeds and probative writs and protests in the Books of Council 
and Session, or of sheriff clerks respectively, on the ground that the 
forms of such warrants are not in conformity with those prescribed 
by the Act passed in the first and second years of the reign of Her 
Majesty Queen Victoria, chapter one himdred and fourteen. 

5. Extracts of all writs, deeds, or other documents of what nature 
soever, which maybe registered in the Books of Council and Session, 
shall be equivalent to the registered writs, deeds, or other documents 
themselves, except where any writ, deed, or other document so 
registered shall be offered to be improven, and such extracts shall 
be signed on the last page thereof, by the keeper or assistant keeper 



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1877. Begietered WrUa Execution {ScotUmd). Ch. 40. 205 

of the register of deeds and probative writs and protests in the 
Sooks of Council and Session ; and extracts of all writs registered 
in and issued from the office of the General Register of Sasines shall 
be signed, on the last page thereof^ by the keeper of the said register^ 
or by a deputy duly commissioned by him to that effect, and no 
further signature on any other page of such extracts shall be neces- 
sary. But each sh(eet*of all such extracts shall be impressed with 
an office seal or stamp to be kept in the respective offices of the 
said keepers ; provided that it shall be necessary and sufficient in the 
case of mai^inal additions occurring in any extract that the same 
shall be authenticated by the signature of the officer certifying such 
extract. 

6« Where any writ containing in gremio thereof a procuratory or writs regis- 
dause of registration for preservation and execution shall have been ♦««'®^ ^"^ ^« 
registered in the General Register of Sasines upon a warrant of s^nesfor 
registration for preservation but not for execution, it shall be com- preserration 
potent to present for registration in the said register an extract of <>nly "W *^*?^" 
such registered writ having a warrant of registration written thereon, J^^ fo^. ^^^^' 
bearing that such extract is to be registered for preservation and preservation 
execution ; and it shall be lawful to register such extract ac- *"^ execution, 
eordingly, and to issue one or more extracts thereof, with warrant of 
execution in terms (mutatis mutandis) of Schedule B, annexed to 
the Land Registers (Scotland) Act, 1868, and every such warrant of 
execution shall have all the like force and effi^ct as any warrant of 
execution issued in terms of the twelfth section of the said last- 
mentioned Act ; and in making such subsequent registration it shall 
not be necessary to engross ad longum in the said register the 
extract so presented, but the registration thereof may be effected by 
the insertion of a memorandum of such extract in the appropriate ^ 

division or divisions of said register, setting forth the volume of the 
register, and the folio or folios of such volume in which said original 
writ is engrossed, and the insertion of such memorandum shall be 
deemed equivalent to the full engrossment in the division or divisions 
of the register in which such memorandum shall be entered as afore- 
said of the extract so presented for registration. 

7. Whereas, in terms of the twelfth section of the Act passed in After trans- 
the forty-ninth year of the reign of His Majesty King George the »«"»'* ^^^ 
Third, chapter forty-two, the volumes of records of the Books of ^J5s of 
Council and Session are, along with the warrants thereof, periodically Books of 
transmitted by the keeper of the register of deeds and probative ^ouncil and ^ 
writs and protests in the Books of Council and Session, to the Lord LoM^Cierk 
Clerk Register or his deputies ; be it enacted, that the deputy keeper Register, the 
of the records or any officer holding a commission to that effect from ^f^^oiSr^^ 
the Lord Clerk Register may, at any time, issue extracts one or may issue ex- 
more of any writ, deed, or other document registered in said volun^es tracts of any 
of records transmitted as aforesaid, in the same or in a similar form f^ ^^ voiime« 
to the extracts of such writs, deeds, or other documents which might and anthentt- ' 
have been issued previous to such transmission. And all such cate the same 
extracts and the warrants of execution therein contained shall have ^hef ejttracts. 
all the like force and effect as any extract from the Books of 
Council and Session, made and issued previous to such transmission, 
or as any warrant of execution contained in or appended to such 
extract ; and in all extracts issued as aforesaid, and also iu all 



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206 



Commence-, 
ment and ex 
tent of Act. 



Ch. 40, 41. Begiet^red Write Exemtion {SooUand). 40 & 41 Vict. 

extracts issued of writs contained in any record in the custody of 
the Lord Clerk Register, it shall be sufficient that the last page 
thereof shall be signed by the said deputy keeper of the records or 
by any officer duly commissioned by the Lord Clerk Register to 
that effect, and no further signature on any other page of such 
extracts shall be necessary, but each sheet of all such extracts shall 
be impressed witl^ an office seal or stamp to Ue kept in the office of 
the Lord Clerk Register ; provided that it shall be necessary and 
sufficient in the case of marginal additions occurring in any such 
extract that the same shall be authenticated by the signature of the 
officer certifying such extract, 

8. This Act shall take effect from and after the first day of 
October one thousand eight hundred and sevetity-seven, and shall 
apply to Scotland only. 

SCHEDULE. 

At. the day of One 

thousand eight hundred and , the deed herein-ofber 

engrossed was presented for registration in the Books of the Lords of 
Council and Session {or Sheriff Court Books of the county of ) 

for preservation (or for preservation and execution), and is registered in 
the said books as follows :— 

{Insert full copy of the deed; and where the deed is registered for 
execution^ insert warrtmtfor execution as follows) : — 

And the sidd Lords grant {or the Sheriff grants^ as the case may be) 
warrant for all lawful execution hereon. 

Extracted, ^, 



Short title of 
Act. 

Commence- 
ment of Act 



Bulesbj 
Qneenin 
Cooncil as 
to language of 
docomenta to 
which Act 
applies. 



CHAPTER 41. 

L Act for making Provision with respect to the Preparation 
and Authentication of Commissions and other Documents 
issued from the Office of the Olerk of the Grown in 
Chancery ; and for other purposes. [10th August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

PreUmimMry. 

1. This Act may be cited for all purposes as the Crown Office 
Act, 1877. 

2. This Act shall come into operation on the first day of January 
one thousand eight hundred and seventy-eight, which day is in this 
Act referred to as the commencement of this Act. 

3. Her Majesty may, by Order in Council, make, and when made 
from time to time revoke, add to, or alter rules — 

(1.) Prescribing the form in which documents to which this Act 
applies, or any of them, are to be worded ; and 

(2.) Making regulations as to the publication of royal pro- 
clamations, and as to the towns to which copies of such 
proclamations are to be sent, and generally as to the best 
mode of making such proclamations known to the public: 



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1877. Grown Office, Ch. 41. 207 

Provided that— 

(1.) Acts of or Bills in Parliament may in all cases be cited by 

their short titles ; and 
(2.) Whenever convenient, the enumeration of Acts of or Bills in 
Parliament, of names of persons, or other matters, shaU 
be contained in a schedule or schedules, and in particular 
in the case of commissions of the peace the names of the 
justices shall, so far as seems to Her Majesty convenient, 
be placed in a schedule with space for additions to be 
made of the names of justices to be appointed after the 
issue of such .commission ; and 
(3.) Any royal proclamation shall be valid in law if published as 
follows t 

As respects England, in the London Gazette; and 
Ab respects Scotland, in the Edinburgh Ga2sette ; and 
As respects Ireland, in the Dublin Gazette. 
Any rule purporting to be made in pursuance of this section 
shaU be laid before both Houses of Parliament within one month 
after it is made, if Parliament be then sitting, or if not then sitting, 
within one month after the commencement of the then next session 
of Parliament, and shall he judicially noticed, and shall be of the 
same validity as if it had been enacted by Parliament. 

4. A committee of Her Majesty's Most Honourable Privy Council, ^^^^^ j^ 
consisting of the Lord Chancellor of Great Britain for the time cert^nwies. 
being, the Lord Privy Seal for the time being, and one of Her 
Majesty's Principal Secretaries of State (in this Act referred to as 
the Committee of Council), acting in case of diflEerence according to 
the opinion of any two of them, may from time to time direct 
impressions with the same device as the Great Seal and of the Privy 
Seal to be taken in such manner and of such size or sizes as they 
may from time to time prescribe, on embossed paper, wax, wafer, or 
any other material ; and any such impressions, in this Act respec- 
tively called a Wafer Great Seal and a Wafer Privy Seal, shall be in 
the same custody as the seals of which they are impressions, and 
when attached to or embossed on any document required to be or 
usually authenticated by or passed under the Great Seal or Privy 
Seal, shall confer on that document the same validity in all respects • 
as if the document itself had been authenticated by or passed imder 
the Great Seal or Privy Seal. 

6. The Committee of Council aforesaid, acting in case of dif- Rules by Com- 
ference according to the opinion of any two of them, may by order p^**®®^^ . 
make, and when made from time to time revoke, add to, or alter preparation 

rules — and anthentica- 

(1.) Providing for a record to be kept at the Crown Office of all tion of docu^ 

• ments to wbicn 

justices of the peace appomted in pursuance of any com- ^^t applies. 

mission of the peace issued by Her Majesty, and for the 

rectification of such record from time to time ; and 
(2.) Prescribing the documents to which the Wafer Great Seal 

and the Wafer Privy Seal respectively are to be attached ; 

and 
(3.) Prescribing the mode in which documents to which this Act 

applies are to be prepared, whether to be printed or 

written, or partly printed and partly written, and whether 



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208 



Ch. 41, 42. 



Crovm Office. 



40 & 41 Vict. 



General 
saying. 

DefioitioDfl. 



to be printed or written on paper, parchment, or any other 
fitting material : Provided that — 

(a.) It shall not be necessary to the validity of any 
document to or on which a Wafer Great Seal or Wafer 
Privy Seal is attached or embossed to prove tliat the 
attachment or embo&sing of such wafer seals respectively 
was authorised, and no evidence to the contrary shall be 
received ; and 

(b.) Engrossing may in all cases be dispensed with, 
nnd, so far as seems to the Committee of Council con- 
venient, printing shall be adopted in place of writing. 
Any rule purporting to be made in pursuance of this section 
shall be laid before both Houses of Parliament within one month 
after it is made, if Parliament be then sitting, or if not then sitting, 
within one month after the commencement of the then next session 
of Parliament, and shall be judicially noticed, and shall be of the 
same validity as if it had been enacted by Parliament. 

6. Nothing in this Act shall abridge or affect the prerogative of 
the Crown in relation to the grant or withholding the grant of any 
document. 

7. In this Act, if not inconsistent with the context, the following 
expressions have the meanings hei-ein-after respectively assigned to 
them: 

'* Great Seal " means the Great Seal of the United Kingdom : 
''Document to which this Act applies" means any writ, com- 
mission, letters patent, lettei*s close, or document of such a 
character, or belonging to such a class, as would at the date 
of the passing of this Act, be required to be or usually 
would be authenticated by being passed under the Great 
Seal 
"Crown OflSce" means the. office of the Clerk of the Crown in 
Chiincery. 






CHAPTER 42. 

An Act to amend the Law relating to the Fisheries of 
Oysters, Crabs, and Lobsters, and other Sea Fisheries. 

[10th August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Tem- 
poral, and Commons, in this present Parliament assembled, and by 
the authority of the same, as follows : 



Short title. 



Commence- 
ment of Act. 



rrdirmTiary. 

1. This Act may be cited as the Fisheries [(Oyster, Crab, and 
Lobster) Act, 1877. 

2. This Act shall come into operation on the first day of Sep- 
tember one thousand eight hundred and seventy-seven (which day 
is in this Act referred to as the commencement of this Act). 



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1877. Fislieriea (Oysters, Craha, and Lobsters). Ch. 42. 209 

PART I. 

Oysters. 

3. This part of this Act shall not apply to Ireland or to any Thia part of 
oyster bed or bank within the jurisdiction of the Inspectors of f^i^^^j^^ 
Irish Fisheries. J^f ^ ^^ 

4. A person shall not sell, expose for sale, consign for sale, or Prohibition on 

buy for sale, — «le of oysters 

(1.) Any oysters known at the passing of this Act in the oyster J^ST*'*'*'**^ 
trade as '^ deep-sea oysters/' between the fifteenth day of 
June in any year and the foUowing fourth day of August ; 
or 
(2.) Any description of oysters other than those aforesaid, between 
the fourteenth day of May in any year and the following 
fourth day of August 
Every person who acts in contravention of this section shall be 
liable to a fine not exceeding two pounds for the first offence, and 
ten pounds for the second or any subsequent offence, and also to 
forfeit all oysters exposed for sale, consigned for sale, or bought for 
sale in contravention of this section: 

Provided that a pei*son shall not be guilty of an offence under 
this section if he satisfies the court that the oysters alleged to have 
been sold, exposed for sale, consigned for sale, or bought for sale, — 
(1.) Were taken within the waters of some foreign state ; or 
(2.) Were preserved in tins or otherwise cured ; or 
(3.) Were intended for the purpose of oyster cultivation within 
the same district in whidi the oysters were taken, or were 
taken from any place for cultivation with the sanction of 
the Board of Trade; and for this piirpose the Thames 
estuary, bounded by a line drawn from Orford Ness to 
the North Foreland, shall be deemed to be a district, and 
also any other area for the time being constituted a dis- 
trict for the purposes of this section by an order of the 
Board of Trade, and also where the place at which the 
oysters are taken is not within any such district as afore- 
said, so much of the area within ten miles of the said place 
where the oysters are taken as is not included in any 
other such district as aforesfud, and the Board of Trade 
may from time to time make, and when made revoke or 
vary, an order for the purposes of this section. 

5. The Board of Trade, on such application as is in this part of Power to 
this Act mentioned, and after such public inquiry and notice as Board of Trade 
they think expedient, may, if they think fit, by order restrict or ^tionto*^^ " 
prohibit during a limited period not exceeding one year, either temporarily 
entirely or subject to any exceptions and regulations, the dredging J^^*<2edic- 
for and taking of oysters on any oyster bank or bed, and may by mg for oystew 
such order provide for enforcing the order, and any prohibition, re- on certain 
striction, or regidation contained therein, by fines not exceediug ^■°^^- 
twenty pounds for each offence. 

The Board of Trade by order may from time to time renew, for 
a period not exceeding one yeai-, or vary, an order under this sec- 
tion, and may at any time revoke the same. 
[thb law reports.] O 



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210 



31 & 32 Vict 
c. 45. 

Personi en* 
titled to apply 
to Board ox 
Trade nndet 
this part of 
Act. 



Order relating 
to oyster fish- 
ery under 
81 & 32 Vict, 
c. 45. when 
unobjected to 
to take effect 
on confirmation 
by Order in 
Council. 



Ch. 42. Fiaheriea {Oysters, Cmfts, and ioiatere). 40 & 41 Vict. 

Nothing in such order shall apply to a several right of fishery 
in any oyster bed or bank, or to any bed or bank of oysters which 
has been or shall hereafter be the subject of a grant or regulation 
order under Part III. of " The Sea Fisheries Act, 1868,'' or any Acts 
amending the same. 

6. An application to the Board of Trade for an order under thi« 
part of this Act may be made by any persons appearing to the 
Board of Trade to represent the fishermen of any locality, or by 
any of the following authorities, if they appear to the Board of 
Tiude to be locally interested in the fisheries ; namely, 

(1.) The justices of a county in general or quarter sessions 

assembled ; 
(2.) A town council or other urban sanitary authority ; 
(3.) A rural sanitary authority ; and 
(4.) Any body corporate, persons or person being or claiming 

to be proprietprs or proprietor of or intrusted with the 

duty of improving, managing, maintaining, or regulating 

any harbour. 

7. Where an order of the Board of Trade, under Part III. of 
the Sea Fisheries Act, 1868, either is limited to the grant of a right 
of fishery for a period not exceeding twenty-one years over an area 
not exceeding five acres, or amends a previous order "^thout 
extending the area to which that order applies, and a petition 
against the order by any local authority or persons affected thereby 
is not within one month after the first publication of the order 
received by the Board of Trade, or if received is withdrawn, the 
Board of Trade may, if they think fit, submit the. scheme for 
confirmation to Her Itfajesty in Council, and every such order, if 
confirmed by Her Majesty in Cotmcil, shall have full operation as 
if it had been confirmed by Parliament as provided by the Sea 
Fisheries Act, 1868 : 

Provided that Her Majesty in Council may at any time,''on the 
representation of the Board of Trade, cancel the order, and the 
grantees under the order shall not be entitled to any compensation 
in respect of such cancellation, or of anyi expenses they may have 
incurred in acting or with a view to act under the order. 



PAET n. 



Prohibition on 
sale of edible 
crabs under a 
certain size. 



Craba amd Lobsters, 

8. A person shall not take, have in his possession, sell, expose 
for sale, consign for sale, or buy for sale, — 

(1.) Any edible crab which measures less than four inches and 

a quarter across the broadest part of the back ; or 
(2.) Any edible crab carrying any spawn attached to the tail 

or other exterior part of the crab, whether known as 

"berried crab," "seed crab," " spawn crab," or "ran crab," 

or by any other name ; or 
(3.) Any edible crab which has recently cast its shell, whether 

known as "caster," "white crab," "white-footed crab," 



"white-livered crab," 
any other name. 



"soft crab," "glass crab," or by 



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1877. Fiaheriea (Oystersi Ombs, and Lobsters). Ch. 42* 211 

lEivexy person who acts in contravention of this section shall be 
liable to a fine not exceeding two pounds for the first offence, 
and ten pounds for the second and every subsequent offence, and 
to forfeit all edibie crabs exposed for sale^ consigned for sale, or 
bought for sale in contravention of this section : 

I^ovided that a person shall not be guilty of an offence under 
this section if he satisfies the court tl^t the edible crabs found 
in his possession or alleged to have been sold, exposed for sale, 
consigned for sale, or bought for sale, were intended for bait for 
fishing* 

9. A person shall not take, have in his possession, sell, expose Prohibition on 
for sale, consign for sale, or buy for sale any lobster wMch measures J|^|^^a°^Sn 
less than eight inches from tiie tip of the beak to the end of the gi^e. 

tail when spread as far as possible flat. 

Every person who acts in contravention of this section shall be 
liable to a fine not exceeding two pounds for the first offence, 
and ten pounds for the second and every subsequent offence, and 
to forfeit all lobsters found in his possession, sold, exposed for 
sale, consigned for sale, or bought for sale in contravention of this 
section. 

10. The Board of Trade, after such public inquiry and notice as Power on local 
they think expedient, inay, if they think fit, from time to time, ^PP^j^t^^**" 
by order restnot or prohibit, either entirely or subject to any restrict the 
exceptions and regulations, the fishing for and taking of edible taking of 
crabs and lobsters, or either of them, or any description of them |^^J|^^ ^e,. 
or either of them, within the area named in the order, during tain areas. 
such period of years or during such period either in every year 

or in such number of years as may be limited by the order, and 
may by the order provide for enforcing the order, and any prohi- 
bition, restriction, or regulation contained therein, by fines not 
exceeding twenty pounds for each offence. 

The Soard of Trade by order may from time to time vary, and 
at any time revoke, an order under this section. 

Nothing in such order shall apply to a several right of fishery. 

The powers of the Board of Trade under this section shall, as 
regards any ai:ea within the jurisdiction of the Inspectors of Irish 
Fisheries, be vested in and exercised by those inspectors with the 
approval of the Lord Lieutenant or other chief governor or governors 
of Ireland. 

PART III. 
Supplemental. 

11. All offences against this Act, or against any order made Prosecntion of 
in pursuance of this Act, may be prosecuted, and all fines under ^^^^ ^^ 
this Act or any such order may be recovered on summary conviction ^!^ 
before a court of summary jurisdiction in manner provided by the 
Summary Jurisdiction Acts. 

For all purposes of and incidental to the prosecution of any such 
offence, or the recovery of any such fine, and the proceedings and 
matters preliminary and incidental thereto, and consequential thereon, 
and for all purposes of and incidental to the jurisdiction of any 
cofurt or of any constable or officer with reference to such offence, 
the offence shall be deemed to have been committed either in the 

O 2 



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Search for 
and seisore of 
oysteri, crabs, 
and lobsters 
illegally ex- 
posed for sale. 



212 Ch. 42. Fieheries (Oysters, Grabs, cmd Lobsters). 40 & 41 Vicr. 

place in which it was actually committed, or in any place in which 
the offender may for the time being be found. 

All fines recovered under this Act in any of the Channel Islands 
shall be paid to the receiver general of the island in which they are 
recovered. 

12. All oysieTB, crabs, and lobsters of which the possession, 
exposure for sale, consignment for sale, or purchase for sale is 
prohibited by this Act, may be searched for, seized, condemned, 
destroyed, and disposed of by any authority lawfully acting under 
any Act, charter, or byelaw, or by any persons appointed by that 
authority, or in Ireland by the Inspectors of Irish Fisheries, with 
the approval of the Lord Lieutenant, in like manner as if such 
oysters, crabs, and lobsters respectively were found to be diseased, 
unsound, unwholesome, corrupt, unfit to be sold, or unfit for the food 
of man. 
Definitions. 13. In this Act — 

The expression " Summary Jurisdiction Acts " means, — 
(1.) As regards England, the Act of the session of the eleventh 
and twelfth years of the reign of Her present Majesty, 
chapter forty-three, intituled " An Act to facilitate the 
*' performance of the duties of Justices of the Peace out 
'' of sessions within England and Wales, with respect to 
Summary Convictions and Orders,'' and any Act amending 
the same ; and 
2? & 28 Vict. (2.) As regards Scotland, the Summary Procedure (Scotland) Act, 
<^- »«• 1864 ; and 

(8.) As regards Ireland, with reference to any matter or proceeding 
in the police district of Dublin Metropolis, the Acts regu- 
lating the powers and duties of justices of the peace for 
or the police of such district, and with reference to any 
matter or proceeding elsewhere in Ireland, the Petty 
14 & 15 Vict. Sessions (Ireland) Act, 1851, and the Acts amending the 

c. 98. same; and 

(4.) As regards the Isle of Man and the Channel Islands, the 
law relating to offences and fines, and proceedings therefor. 
The expression ** Court of Summary Jurisdiction " means, — 
(a.) As regards Eogland and Ireland, any justice or justices of 
the peace to whom jurisdiction is given by the Sum- 
mary Jurisdiction Acts ; provided that the court, when 
hearing and determining an information or complaint 
under this Act, shall be constituted either of two or more 
justices of the peace in petty sessions sitting at some 
place appointed for holding petty sessions, or of some 
magistrate or officer sitting alone or with others at some 
court or other place appointed for the administration of 
justice, and for the time being empowered by law to do 
alone any act authorised to be done by more than one 
justice; and 
(b.) As regards Scotland, the sheriff or his substitute ; and 
(o.) As regards the Isle of Man and the Channel Islands, any 
court, governor, deputy governor, deemster, jurat, or other 
magistrate before whom offences and fines are by law 
prosecuted and recovered. 



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1877. Fisheries (Oysters, Crabs, and Lobsters), Ch. 42, 43. 213 

The expression ** Inspectors of Irish Fisheries " means the Inspec- 
tors of Fisheries acting in execution of the Fisheries (Ireland) 82 & sa Vict. 
Act, 1869. «• »2. 

The expression " person " includes a body corporate. 
14.. This Act shall apply to the Isle of Man and the Channel AppUcadon 
Islands, and the royal courts of the Channel Islands are hereby of mm^"^* 
respectively authorised and required to register this Act. Channel is* 

15. Notwithstanding anything contained in the Sea Fisheries ^>>ds- 
Act, 1868, the Act of the sixth and seventh years of the reign of ^^^"^ 
Her present Majesty, chapter seventy-nine, intituled '' An Act to ^^ 7 yj^ 
" carry into effect a Convention between Her Majesty and the c. 79. 

" King of the French concerning the Fisheries in the Sea between ^^ * ^^ ^'^^^ . 
'' the British Islands and France," so far as regards French fisher- ^' 
men and French sea-fishing boats, shall be in force as if it had not 
been repealed, and shall continue in force until the day when the 
convention set out in the first schedule to the Sea Fisheries Act, 
1868, comes into operation. 

16. The Crab and Lobster Fisheries (Norfolk) Act, 1876, is Repeal of 
hereby repealed, without prejudice to anything done or suffered in ^f cU.*^ ^^^^ 
pursuance of that Aci 



CHAPTER 43. 

An Act to amend the Law with respect to the Appoint- 
ment, Payment, and Fees of Clerks of Justices of the 
Peace and Clerks of Special and Petty Sessions. 

[10th August 1877-] 
'TTT'HEREAS by section nine of the Act of the session of the 
Y T foiurteenth and fifteenth .years of the reign of Her present 
Majesty, chapter fifty-five, intituled " An Act to amend tiie law u & 15 Vict 
" relating to the expenses of prosecutions^ and to make further ^ 55. 
*' provision for the apprehension and trial of offenders in certain 
" cases," (in this Act referred to as " the principal Act,") it is 
provided that one of Her Majesty's Principal Secretaries of State, 
(in this Act referred to as a Secretary of State,) upon the recom- 
mendation of the justices^ cotmcil, or other governing body as 
therein mentioned, (in this Act referred to as " the local authority,") 
«wvy> hy order, direct that the clerks of special and petty sessions 
and the clerks of justices of the peace within the jurisdiction of 
such local authority, or any of such clerks, are to be paid by 
salaries in lieu of fees and other payments, and fix the amount of 
salary so to be paid : 

And whereas by the same Act the Secretary of State is authorised, 
on the recommendation of the local authority as therein mentioned, 
to order that certain business specified in the recommendation 
should not be included in fixing the salary of any clerk, and that 
such clerk should be paid for that business (in this Act referred to 
as excepted business) by fees and not by salary : 

And whereas it is expedient to provide that all tbe said clerks 
should be paid by salary in lieu of fees, and to provide for the 
qualification, appointment, and fees of the said clerks : 



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214 



Ch. 48. 



JusHcea Clerks. 



40 & 41 Yicr. 



Short title. 
Payment of 
clerks of petty 
sessions, &c. 
by salary onder 
14 & 15 Vict. 
c. 55. s. 9. 
made com- 
pulsoiy. 



Provision as 
to clerks of 
petty sessions 
partiy paid by 
salaiy under 
14 & 15 Vict. 
c. 55. ss 9, 10, 
or paid under 
a special Act. 



Provision aslto 
clerk of petty 
sessions, &c. 
paid by salary 
by arrange- 
ment. 



Be it therefore enacted by the Queen's most Eixeellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. This Act may be cited as the Justices Clerks Act, 1877. 

2. Where a;b the passing of this Act an order under the 
principal Act is not in force for the payment by salary in lieu of 
fees of any clerk of spedal or petty sessions or deik of justices of 
the peace within the jurisdiction of any local authority, that local 
authority shall^ as soon as may be after the passing of this Act^ 
and in any case before the first day of February one thousand eight 
hundred and seventy-eight, make a recommendation to a Secretary 
of State in pursuance of the principal Act with respect to the 
payment of such derk by salary in lieu of fees, and the Secretary 
of State shall make an order directing such payment ; and if, in the 
case of any of the said clerks, such recommendation as enables a 
Secretary of State to make an order under the principal Act is not 
received by the Secretary of State before the said first day of 
February, the Secretary of State shall, in like manner (so nearly aa 
circumstances admit) as if such recommendation had been dniy 
made, make an order under the principal Act, directing the payment 
of such clerk by salary in lieu of fees for all business (other than 
the business of giving copies of depositions if that business is 
excepted by the order) and fixing the amount of the salary. 

Every such salary may, if it is thought ^t, be made to vary 
according to the ^umber of ca^es or amount of business. 

Subject as aforesaid, every such salary shall be deemed to aoonie 
from day to day and shall be paid quarterly or at such less intervals 
as may be from time to time fixed by the local authority. 

8. Where at the passing of this Act an order is in force under 
the principal Act for the payment of any clerk of special or petty 
sessions or derk of justices of the peace by salary in lieu of fees, 
but an order has been made that such clerk should be paid for 
certain excepted business (other than that of giving copies of 
depositions) by fees and not by salary, this Act shall, so £ur as is 
consistent with the tenour thereof, apply, as regards the fees for the 
excepted business, in like manner as it applies where an order is 
not in force for the payment of a derk by salary in lieu of fees. 

Where any such derk as aforesaid is, in pursuance of any Act of 
Parliament (other than the prindpal Act), paid by salary in lieu of 
fees, either for all business, or for all business other than that of 
giving copies of depositions, that derk shall continue to be paid 
by salary in lieu of fees for all such business, and a recommendation 
need not be made with respect to such derk in pursuance of this Act 

4. Where at the passing of this Act any derk of special or petty 
sessions or derk of justices of the peace is by arrangement paid by 
salary in lieu of fees, either for all business, or for all business other 
than that of giving copies of depositions^ that clerk shall continue 
to be paid by salary in lieu of fees for all such business, and unless 
a Secretary of State requires a recommendation to be made with 
respect to such derk in pursuance of this Act, such arrangement 
shall have effect as if it were an osder of the Secretary of State 
under the principal Act, and this Act shall apply accordingly. 



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1877. JwMoea Olerka. Oh. 43. 915 

5, In each petty sessioqal divisiQa there ahall after the first day Appointment 
of February one thousand eight hundred and seventy-eight, or any ®^®j^« aaiiiried 
later date at which an order for the payment of a derk by salary p^ Sewional 
in lieu of fees comes into operation in the division^ be only one diyision. 
salaried derk in the division to perform the duties of derk of petty 
sessions, derk of special sessions, or derk of any justice or justices 
of the peace : 
Provided that — 

(1,) Where special or petty sessions are usually hdd at more than 

one place appoiated for the purpose in a petty sessional 

division, there may, if it seem fit, be a separate salted 

clerk appointed in respect of each such place ; and 

(2.) Where a Secretary of State has fixed the amount of the 

salary for one salaried clerk in a division, and there are, 

at the passing of this Act, two clerks, each of whom 

performs the duties of derk of petty sessions and derk 

of special sessions^ that divisicm, the local authority may, 

if they think fit, continue such existing clerks in office, 

and apportion the salary between those clerks in such 

manner as they think just ; and 

(3.) Where any partners have before the passing of this Act 

jointly peiformed the duties of derk of petty sessions or 

clerk of spedal sessions, the local authority may, if they 

think fit, continue such existing derks in office and pay 

the salary to such derks jointly. 

(4.) A Secretary of State, on the application of the local authority, 

may, if he thinks fit, authonse in any case the appointment 

of more than one salaried derk. 

The salaried derk (in this Act referred to as a clerk of a petty 

sessional division) shall be appointed from time to time by the 

justioes acting in and for the petty sessional division in which he 

is derk assembled in spedal sessions, and shall hold his office 

during the pleasure of those justioes. 

Where there is a salaried derk of a petty sessional division, any 
fees which may be received by a derk of special sessions, derk of 
petty sessions, or clerk of a justice of the peace in that division, 
shall not be received by sudi clerk for his own use, but shall be 
received, paid, and accounted for as directed by section eleven of the ^ 
prindpal Act, or by any Act specially rdating to such clerk. 

Nothing in this section shall apply to, or to the fees of, either a 
dark of a metropolitan police court, or a derk to the justices of a 
borough, or a derk to a stipendiary or other magistrate whose 
salary is regulated under any Act of Parliament other than the 
principal Act. 

In the case of the town and county of Haverfordwest, the 
justices of the peace for the said town and county in quarter sessions 
assembled, and not the town council thereof, shall be the local 
authority to ^ carry out the provisions of the prindpal Act and this 
Act, and the salary for the time being payable to the derk of the 
justices of the said town and county under their order shall be 
paid out of the county rate thereof, and all fees recdved by such 
derk after the making of such order shall be paid to the treasurer 
of the said town and county in aid of the county rate thereof, and; 



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216 



Payment to 
treasurer of 
county or 
borough of un- 
claimed penal- 
ties and other 



Ch. 43. 



Justices Glerks. 



40 & 41 Vict. 



Qualification of 
salaried clerk of 
petty^ sessional 
diyision and 
juBtioea of a 
borough. 



Power of local 
authority and 
Secretary of 
State as to 
table of fees 
and a4JU8tment 
of fees in pro- 
portion to 
salary of clerks. 



shall be accounted for by such treasurer firom time to time as the 
justices so assembled as aforesaid may direct. 

6. All penalties, costs, and sums which, in pursuance of a con- 
viction or order by a justice or justices of the peace, are paid to a 
clerk of a petty sessional division, or a clerk of special sessions, or 
a derk of petty sessions, or a clerk of any justice or justices of the 
peace, and are not actually paid by him to the party or parties by 
law entitled thereto, other than the treasurer herein-after mentioned, 
shall be paid to the treasurer of the county, riding, division^ liberty, 
city, borough, or place for which such justice or justices acted, 
subject nevertheless to be paid by such treasurer, to any party 
showing himself to be by law entitled thereto. 

Every such derk shall account for and pay over all penalties, 
costs, and sums payable to any such treasurer, under this or any 
other Act, at such times and] in such manner as may be from time 
to time directed by the justices or council who appointed that 
treasurer, and if he wilfully omits to account for or pay over any 
such peiuJty, costs, or sum, he shall forfeit for every such omission 
twenty pounds, to be recovered by action of debt by any person 
who may sue for the same. 

7. Every clerk appointed after the passing of this Act to be a 
salaried clerk of a petty sessional divisicH), or to be clerk to the 
justices of a borough, shall either — 

(1.) Be a barrister of not less than fourteen years standing ; or, 
(2.) Be a solidtor to the Supreme Court of Judicature ; or, 
(3.) Have served for not less than seven years as a derk to a 
police or stipendiary magistrate, or to a metropolitan police 
court, or to one of the police courts of the City of London. 
Provided that a person who for not less than fourteen years has 
served as or as assistant to either a derk of petty sessional division, 
or a derk to the justices of a borough, or (in the case of service 
before the passing of this Act) a derk of spedal or petty sessions, 
or a derk of a justice or justices of the peace, may be appointed 
salaried derk of a petty sessional division, or clerk to the justices 
of a borough, in any case in which in the opinion of the justices 
empowered to make the appointment there are special circum- 
stances rendering such appointment desirable ; provided also, that 
no person being derk of the peace or deputy clerk of the peace for 
a county or borough, or a partner of such derk or deputy derk, 
shall be salaried clerk of a petty sessional division or derk to the 
justices of a borough within such county; but this proviso shall 
not apply to any derk of the peace or deputy clerk of the peace 
or partner of such derk or deputy clerk holding and executing in 
person at the time of the passing of this Act the office of derk to 
the justices of any petty sessional division of a county, or derk to 
the justices of a borough. 

8. Whereas by section thirty of the Act of the session of the 
eleventh and twelfth years of the reign of Her present Majesty, 
chapter forty-three, intituled '' An Act to facilitate the performance 
" of the duties of justices of the peace out of sessions within 
*' England and Wales with respect to summary convictions and 
" orders," provision is made for the making of tables of the fees to be 
paid to the clerks of spedal and petty sessions, and to the clerks 



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1877. JuslAces Clerks. Ch. 43. 217 

of justices of the peace, and it is expedient to make such further ii & 12 Vict 
provision as is herein-after mentioned concerning the same ; be it <^* ^' 
therefore enacted as follows : 

The said section thirfy is hereby repealed so for as relates to 
clerks of special and petty sessions and clerks of justices of the 
peace without prejudice to anjrthing done in pursuance of that 
section. 

Where it appears to a local authority that the aggregate amount 
received by the treasurer of that authority in respect of court fees 
unduly exceeds or unduly falls below the aggregate amount paid by 
that authority by way of salary to the clerks of petty sessional 
divisions, or in the case of a borough to the clerk to the justices of 
the borough, or that otherwise it is expedient so to do^ the local 
authority may make a table of the court fees which in their opinion 
should be taken, and shall cause such table, signed by the chairman, 
mayor, or other presiding officer of the local authority, to be laid 
before a Secretaiy of State, and a Secretary of State may, if he 
think fit, alter such table of fees and settle the same (having due 
regard to the relation of the aggregate amounts so received and 
paid as aforesaid), and certify that the fees in the table as settled by 
him are proper to be taken within the jurisdiction of the said local 
authority. 

Where complaint is made to a Secretary of State that the ag- 
gregate amount received by the treasurer of a local authority in 
respect of court fees unduly exceeds or unduly falls below the 
aggregate amount paid by that authority by way of salary as afore- 
said, or that for other reasons it is expedient that the table of 
court fees should be revised, he may, if he think fit, by order, require 
the local authority to make a return to him within the time specified 
in the order of the aggregate amount* so received and paid during 
three years previous to the order, or of the table of court fees in 
force for the time being, as the case may be, and if, on receiving such 
return, or on the failure of the local authority to make the return, 
he. is, after making such inquiry as he thinks proper, satisfied of 
the truth of the complaint, he may, by order, require the local 
authority to make and lay before him, within the time (not being 
less than four months from the date of the order) specified in the 
order, a table of court fees in pursuance of this section, and if the 
local authority fail to comply with the order, he may, in like manner 
(so nearly as circumstances admit) as if the local authority had laid 
before him a table of fees in pursuance of this section, settle a table 
of fees and certify that the fees in that table are proper to be taken 
within the jurisdiction of the said local authority. 

A Secretary of State, upon certifyiug a table of fees in pursuance 
of this section, shall cause copies thereof to be sent to the derk of 
the local authority to be by him distributed to the clerks of petty 
sessional divisions and clerks to justices within the jurisdiction of 
that authority, and if at any time thereafter any of those clerks 
or any other person wilfully demands or receives any other or 
greater court fee than such as is set down in the said table, he shall 
forfeit for every such demand or receipt twenty pounds, to be 
recovered by action of debt by any person who may sue for the 
same. 



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218 



Ch. 43, 44. 



JusUee^ CUrka. 



40 & 41 Vict. 



Account of 
fees by clerk. 



ConRtruction 
of Act, and 
repeal of 
part of 
14 & 15 Vict. 
c. 55. 



Until a tabid is made in pursuanoe of this section, any of the said 
darks may demand and reoeive snob fees as he is at the paasing of 
this Act lawfully authorised to demand and receive. 

The expression '^ court fee " in this seetion means any fee, gra- 
tuity, or sum which may by law be demanded or reoeived m respect 
of any business or act transacted or done by a derk of special or 
petty sessions or a clerk of justices of the peace as such clerk, not- 
withstanding that by reason of such derk being paid by salary, 
or of the provisions of this Act, he cannot reeeive the same for his 
own use, and^indudes fees for the giving of copies of depositions by 
any derk mentioned in this section^ whether received for bis own 
use or not. 

9. The account of fees required Vy section eleven of the principal 
Act, as amended by this Act, to be rendered by any, derk shall be 
rendered quaiterly, or at any less interval directed by the local 
authority, and if any derk wilfully omits ftom any such aooount 
any fee received by him he shall forfeit for every sueb onuseion 
twenty pounds, to be recovered by action of debt by any person who 
may sue for the same. 

10. This Act shall, so far as is consistent with the tenour thereof, 
be ooostrued as one with the prindpal Act ; and so modi of sections 
nine and ten of the principal Act as empowers a Secretary of State 
to direct that a derk be paid by fees in lieu of salary (either 
generally or in respect of exeepted business) is hereby rep^ed. 



39 & 40 Vict, 
c. 80. 

17 & 18 Vict. 
c. 104. 

18 8c 19 Vict. 
c. 119. 



Short title. 

Tranefer of 
existing pen- 
sions to money 
to be provided 
^y Parliament. 



OHAPTER 44. 

An Act to make provisiQn respecting the Superanmiation 
Allowance of Officers whose Salaries were formerly pay-i 
able out of the Mercantile Marine Fund, 

[10th August 1877.] 
"TTTTHEREAS by section thirty-nine of the Merohant Shipping 
▼ ▼ Act, 1876, the salaries of surveyors appointed nnder the 
Merchant Shipping Acts, 1854 to 1876| and of persons employed 
under the Passengers Aoti 1866, which were formerly payable out 
of the Mercantile Marine Fund, were directed to be paid, after 
the first day of January one thousand eight hundred and seventy- 
seven, out of moneys provided by Parliament, but no provision was 
made with respect to the superannuation allowances of those of the 
said surveyors and persons whose salaries had been previously paid 
out of the Mercantile Marine Fund, and it is expedient to make such 
provision : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, 
and by the authority of the same, as follows : 

1. This Act may be cited as the Superannuation (Mercantile 
Marine Fund Officers) Act, 1877. 

2. Where any superannuation or other retiring allowance was 
previously to the first day of January one thousand eight hundred 
and seventy-seven payable out of the Mercantile Marine Fund 



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1877. 8upercm7m(xln,(m(M^^ 219 

to any person in respecfc of his service as a surveyor appointed 17 & 18 Vict, 
under the Merchant Shipping Acts, 1854 to 1876, or of his employ- 39^^40 Vict. 
ment under the Pas^ngers Act, 1855^ such allowance shall be pay- c so. 
able, and be deemed to have been payable, on and after the said 1^ * i^ '^i^t- 
first day of January one thousand eight hundred and seventy-seven, ^' ^^^' 
out of moneyB provided by Parliament. 

8» Where a surveyor appointed under the Merchant Shipping Grant of 
Acts, 1864 to 1876, or a person employed under the Passengers Pension to 
Act, 1866, was immediately previous to the first day of January officeref 
one thousand eight hundred and seventy-seven receiving a salary 
out of the Mercantile Marine Fund^ and since that date has in 
pursuance of section thirty-nine of the Merchant Shipping Act, 89 & 4o Vicu 
1876, received such salary out of moneys provided by Parlia- ^' ®^' 
ment, the Commissioners of Her Majesty's Treasury may grant 
to such surveyor or person, upon retirement or removal from his 
office or employment, the same superannuation allowance, gratuity, 
pension, or other allowance (if any), as might have been' granted 
to hiin if he had continued to receive his salary out of the Mercan- 
tile Marine Fund ; and in calculating the amount of such super- 
annuation allowance, gratuity, pension, or other allowance, his 
service during the period that his salary was paid out of the 
Mercantile Marine Fund, and his service during the period that his 
salary was paid out of moneys provided by Parliament, shall be 
reckoned indifibrently as the same service. 



CHAPTER 45. 

An Act to limit and regulate the Treasury Chest Fund. 

[lOth August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. This Act may be cited as the Treasury Chest Fund Act, 1877. Short title. 

2* The available balance of the assets above the liabilities of the Balance of 
Treasury Chest Fund shall not exceed one million pounds. Treasury Chest 

8, The Treasury may employ the Treasury Chest Fund in making 
temporary advances for any public service, to be repaid to the ^^ent^^" 
Treasury Chest Fund out of money appropriated by Parliament to Treasury Chest 
such service, or out of other money applicable thereto, and in the ^^^ 
repayment of money deposited in any Treasury chest on account 
of any public service, and for the above purposes may, out of the 
Treasury Chest Fund, purchase and remit specie or bills, and pay 
bills drawn on the Treasury. 

No expenditure whatever shall be finally defrayed out of or 
permanently charged upon the Treasury Chest Fund. 

4. Tho' Treasury shall, as soon as is pracitcable after the end Annual ac- 
of every financial year, prepare an account showing for that year count of Trea- 
the receipts and payments of the Treasury Chest Fund, distin- ^4. ^* 
guishing those of the several Treasury cheats, and the asa^t^, 
liabilities, and available balance of the Treasury Chest Fund at 



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220 



Ch. 45,46. 



Treasury Ghesb Fund, 



40 & 41 Vict. 



29 & 80 Viet, 
c. 39. 



Payment of 
profit into 
Exchequer and 
of loss out of 
votes. 



Definitions. 



Repeal of 
24 & 25 Vict, 
c. 127. and 
36 & 87 Tict. 
c. 56. 

first annual 
accounts. 



the end of the said year, distrngaishiog the balanoe of each 
Treasury chest 

The Treasury shall at the same time prepare an account, showing 
for the same financial year the profit and loss arising out of the 
employment of the Treasury Chest Fund during the year, whether 
from exchange, expenses of remittance of specie, or otherwise 
howsoever. 

The Treasury shall transmit the said accounts to the Comptroller 
and Auditor General, who shall examine the same in accordance 
with any regulations that may be prescribed by the Treasury under 
section thirty-three of the Exchequer and Audit Departments Act, 
1866, and shall certify and report upon the same. 

The said accounts, with the said certificate and report, shall be 
laid by the Treasury before the House of Commons on or before the 
last day of the financial year next following the year for which the 
account is made up, if the House be then sitting, or if not^ thea 
within one week after the then next sitting of the House. 

5. Where the said annual account shows a profit to the Treasury 
Chest Fund in a financial year, that profit shall be paid into the 
Exchequer, and where the account shows a loss, that loss shall be 
reimbursed to the Treasury Chest Fund out of moneys provided by 
Parliament: 

6. In this Act — 

The expression " the Treasury " means the Commissioners of 

Her Majesty's Treasury. 
The expression " the Treasury Chest Fond " includes all balances 

in Treasury chests, or in the hands of persons acting as 

paymasters for the said fund. 
The expression " public service " includes colonial service. 
The expression "financial year" means the twelve months 

ending on the thirty-first day of March. 
The expression " Comptroller and Auditor General " means 

the Comptroller General of the receipt and issue of Her 

Majesty's Exchequer and Auditor General of Public Accounts, 

and in case of bis illness or absence, includes the assistant 

comptroller and auditor. 

7. The Treasury Chest Funds Acts, 1861 and 1873, are hereby 
repealed, without prejudice to anything done in pursuance of the 
said Acts, and any transaction or thing begun under the said Acts 
may be carried on and completed as if begun under this Act. 

The first annual accounts in pursuance of this Act shall be made 
up for the financial year ending on the thirty-first day of March 
one thousand eight hundred and seventy-seven. 



CHAPTER 46. 

An Act to extend the provisions of the Winter Assizes Act, 
1876. [10th August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 



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1877. Wmter Assizes. Ch. 46, 47. 221 

Temporal, and Commons, in ibis present Parliament assembled, and 
by the authority of the same, as follows : 

L The Winter Assizes Act, 1876, shall take effect as if, wherever Amendment of 
in that Act the month of November is mentioned, there were added ®^ * ^ ^'^^' 
the months of September and October. 

2. This Act may be cited as the Winter Assizes Act, 1877; and Short title. 
the Winter Assizes Act, 1876, and this Act, inay be cited together 
as the Winter Assizes Acts, 1876 and 1877. 



CHAPTER 47. 

An Act for the Union under one Government of such of 

the South African Colonies and States as may agree 

thereto, and for the Government of such Union ; and 

for purposes connected therewith. [13th August 1877.] 

"ITTHEREAS proposals liave been made for unitiug under one 

▼ ' Government under the Crown of the United Kingdom of 

Great Britain and Ireland those colonies and states of Soutib Africa 

which may voluntarily .elect to enter into such Union : 

And whereas such Union would conduce to the welfare of the 
said colonies and states and promote the interests of the British 
Empire^ and it is expedient to make provision for any two or more 
of the said colonies or states to unite at such time as may be 
found convenient : 

And whereas it is expedient to declare and define the general 
principles on which the constitution of the legislative authority and 
of the Executive Government in the Unfon may be established, and 
to enable the details of the said constitution and of the administrative 
establishments thereunder to be provided for after the wishes and 
opinions of the said colonies and states with respect to such details 
have been duly represented to Her Majesty through their respective 
Legislatures : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the, advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

I.— Preliminaky. 

1. This Act may be cited as The South Africa Act, 1877. Short title. 

2. The provisions of this Act referring to Her Majesty the Queen Application of 
extend also to her heirs and successors. proyiaioiw re- 

ferriiig to 

IL-Union. *^*<^"'^ 

3. It shall be lawful for the Queen, by and with the advice of Deelantioii of 
Her Majesty's Most Honourable Privy Council, to declare by Order nnwnand pro- 
in Council that, on and after a day therein appointed, any two or ^^etion.*" 
more of the colonies or states of South Africa whose respective 
Legislatures may so agree shall be joined or confederated together 

in Union under one general Oovemment and Legislature, with such 
name and designation as to Her Majesty may seem fit ; and on and 
after that day the said general Government and Legislature of the 



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Ch.47. 



Sovih Afriea. 



40 & 41 Vict. 



Union shall have full power and effect within the said colonies or 
colonies and states which shall have so agreed. 

It shall be lawful for the Queen, by and with the advice of Her 
Majesty's Privy Council, by any subsequent Order in Council issued 
before the first assembling of the Union Parliament^ to alter or 
amend ihe said Order in Council, or to provide for any matters or 
things as to which Her Majesty is authorised by this Act to make 
provision, and which are not provided for in the said Order in 
Council ; but no such Order in Council shall be issued under the 
provisions of this section after the first assembling of the Union 
Parliament. 

In any such Order in Council as aforesaid the Queen may make 
provision for all or any of the matters as to whidi she is by this 
Act empowered to give directionsi as weU as for any other matters 
necessary to the due establishment of the Union, and before making 
such provision shall have regard to any representations that may be 
made to Her Majesty by or by the authority of the Legislature of 
any state or colony concerned, or by any committee Or other bo^y 
duly appointed by any two or more of the said Legislatures jointly 
to consider the subjects mentioned in this Act. 
ConBtruction of 4. The subsequent provisions of this Act shall, unless it is other- 
subseqaentpro- -vnse expressed or implied, commence atd have effect on and after 
visions of Act. ^j^^ Union, that is to say, on and after the day appointed for the 
Union taking effect ; and in the same provisions, unless it is other- 
wise expressed or implied, the words " the Union * shall be taken to 
mean the Union of South African colonies or colonies and states 
provided for by this Act. 
Union to be 5. The Union shall be divided into such provinces, with such 

names and boundaries, as the Queen may direct. 



divided into 
provinces. 



Executive 
power vested 
in the Queen. 



Application of 
provisions re- 
ferring to Go- 
vernor General. 



Great Seal. 



Constitution 
of Privy 
Council of 
the Union. 



All powers 
under Acts to 
be exercised 
by Governor 



lit— ExBCUTrvE Power. 

6. The Executive Government and Authority of and over the 
Union is hereby declared to be vested in the Queen and may be 
exercised on Her Majesty's behalf by the Qovei-nor General or the 
officer appointed to administer the Government by or by authority 
of Her Majesty^s Royal Letters Patent. 

7. The provisions of this Act referring to the Governor General 
extend and apply, to the Governor General for the time being of the 
Union, or other the Chief Executive Officer or Administrator for 
the time being carrying on the Government of the Union on behalf 
and in the name of the Queen by whatever title he is designated. 

8. There shall be a Great S^ for the Union, of snch device as 
Her Majesty may approve. 

9. There shall be a council to aid and advise in the government 
of the Union, to be styled the Privy Council of the Union ; and the 
persons who are to be members of that council shall be firom time 
to time chosen and summoned by the Governor Genera], and sworn 
in as privy councillors, and may be from time to time removed by 
the Governor General 

10. All powers, authorities, and functions which axe at the Union 
lawfully vested in or exerciseable by the respective Governor, Lieu- 
tenant-Governor, Administrator, or President of a colony or state. 



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1877. South Africa. Ch. 47. 223 

with the advioe, or with the advice and consent of the Executive General with 
Coundl or other administrative body thereof, or in conjunction with n^^ij^^^^"^^ 
such council or body, or with any number of members thereof, or aio^!^^ ' 
by the said Governor, Lieutenant-Governor, Administrator, or Pre- 
Bidoit individually, or by Her Majesty's High Commissioner for 
South Afirica, shall (as far as the same continue in existence and 
capable of being exercised after the admission of such colony or 
state into the Union), in relation to the Government of the Union, 
be vested in and exerciseable by the Governor General, with the 
advice, or with the advice and consent of, or in conjunction with 
the Privy Council of the Union, or any members thereof, or by the 
Governor General individually, as the case requires, subject never- 
theless to be abolished or altered by the Union Parliament 

U. The provisions of this Act referring to "the Governor General Application of 
in Goandll" shall be consthied as referring to th^ Governor General ^^^"^^^^ '®' 
acting by and with the advice of the Privy Council of the Union, o^eraor 
and wheire " the Governor (Jeneral " alone is mentioned the provision General in 
shall be consumed as referring to the Governor General acting on Council. 
his own discretion and without such advice. 

12. It shall be lawful for the Queen, if Her Majesty thinks fit. Power to Her 
to authorise the Governor General fix)m time to time t6 appoint any Majesty to 
person or any persons jointly or severally to be his deputy or Governor 
deputies within any part or parts of the Union, and in that capacity General to 
to e^erdfie during tibe pleasure of the Governor General such of ap^*°* *®- 
the powers, authorities, and functions of the Governor General as ^^ ^^' 
he may deem it necessary or expedient to assign to him or them, 
subject to any limitations or directions expressed or given by the 
Queen in oonformity with the constitutional laws of the Union ; 
but the appointment of such a deputy or deputies shall not affect 
the exennse by the Governor General himself of any power, authority, 
or funetioi^ 

18. The command-in-chief of the land and naval militia, and of Command of 
all naval and military forces, of and in the Union, is hereby declared "™^ forces. 
to be vested in the Queen. 

14* The seat of Govemment of the Union shall be such place as Seat of Go- 
the Queen may direct vemment. 

IV.—Leqislativb Power, 

15. There shall be one general Legislature for the Union (in this Constitation 
Act called "the Union Parliament '0, consisting of the Queen, an p^?^ent. 
Upper House herein-after lartyled the Legislative Council, and a 

House of Bepresentatives herein-after styled the House of Assembly ; 
provided that either of the said Houses may receive such other 
designation as the Queen may direct. 

16. The privileges, immunities, and powers to be held, enjoyed. Definition of 
and exercised by the Legislative Council and by the House o^^f^^^^' 
Assembly and by the members thereof respectively shall be such as CounSfand^ 
are from time to time defined by Act of the Union Parliament, House of 
but so that the same shall never exceed those at the time of the ^^^^^^J- 
passing of such Act held, enjoyed, and exercised by the Commons 

House of Parliament of the United Kingdom of Great Britain and 
Ireland and by the members thereof; and until the passing of 
such Act the said privileges, immtinities, and powers shall be the 



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First session 
of the Parlia- 
ment. 



Number and 
constitution 
of Legislative 
Council. 



Constitution 
of House of 
Assembly. 



224 Ch. 47. South Africa. 40 & 41 VicT. 

same as those at the time of the passing of this Act held, enjoyed, 
and exercised by the Commons House of Parliament of the United 
Kingdom of Great Britain and Ireland, and by the members 
thereof 

17. The Union Parliament shall be palled together not later than 
twelve months after the Union. 

Tlie Legislative Council. 

18. The Legislative Council shall, subject to the provisions of 
this Act, consist of such number of members, representing such 
divisions of the Union, and shall be so constituted, as the Queen 
may direct. 

The House of Assembly. 

19. The House of Assembl}* shall, subject tO' the provisions of 
this Act, consist of elected members, representing in fair propor- 
tions the various provinces of the Union ; and until the Union 
Parliament otherwise provides, the provinces shall for the pui-poses 
of the election of members to serve in the House of Assembly 
be divided into such electoral districts returning such number of 
members respectively, and the electors and members shall have 
such qualifications, and the elections shall be conducted according 
to such rules and regulations, as the Queen may direct : Provided 
always, that in the apportionment of members, and in the deter- 
mination of the qualifications of electors and members, provision 
shall be made for the due representation of the natives in the 
Union Parliament and in the Provincial Councils, in such manner 
as shall be deemed by Her Majesty to be without danger to the 
stability of the Government. 

20. The Governor General shall from time to time, but at least 
once a year, in the Queen's name, by instrument under the Great 
Seal of the Union, summon and call together the House of 
Assembly. 

21. A census of the Union shall be taken in the year one 
thousand eight hundred and ninety-one, and at the end of each 
subsequent period of ten years, and on the completion of every such 
decennial census, the representation of the provinces may be re- 
adjusted by such authority, in such manner, and from such times as 
the Union Parliament from time to time provides, subject and 
according to such rules as the Queen may direct. 

Such re-adjustment shall not take effect until the termination 
of the then existing Parliament. 

22. The number of members of the House of Assembly may 
be from time to time increased by the Union Parliament^ provided 
that the proportionate representation for the time being in force of 
the provinces is not thereby disturbed. 

Money Votes, Royal Assent. 

23. Bilk for appropriating any part of the public revenue, or for 
imposing any tax or impost, shall originate in the House of 
Assembly. 

Beoommen. 24. It shall not be lawftd for the House of Assembly to adopt 

dAtionof money or pass any vote, resolution, address, or Bill for the appropriation 



Summonini? 
of House of 
Assembly. 



Decennial re- 
adjustment of 
representation. 



As to increase 
of members 
of House of 
Assembly. 



Appropriation 
and Tax Bills. 



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1877. 8<mai Africa. Oh. 47. 225 

of any part of the public revenue, or of any tax or impost, to any votes by Goyer- 
purpoee that has not been first reoomroended to that House by "^^" General, 
message from the Governor Qeneral in the session in which su<^ 
vote, resolution^ address, or Bill is proposed 

25. Where a Bill passed by the Houses of the Union Parliament Boyal Anent 
is presented to the Governor General for the Queen*s Assent, he *® ^*^' *^ 
shall declare, according to his discretion, but subject to the provi- 
sions of this Act and to Her Majesty's instructions, either that he 

assents' thereto in the Queen's name, or that he withholds such 
assent, or that he reserves the Bill for the signification of the 
Queen's pleasure, or that he will be prepared to assent thereto, 
subject to certain amendments to be specified by him. 

26. Where the Governor (General assents to a Bill in the Queen's DinUowance 
name, he shall, by the first convenient opportunity, send an ^7 Q»een in 
authentic copy of the Act to one of Her Majesty's Principal Sctwiented 
Secretaries of State, and if the Queen in Council, within two years to by Gorer- 
after receipt thereof by the Secretary of State, thinks fit to »<>' General, 
disallow the Act, such disallowance (with a certificate of the Secre- 
tary of State of the day on which the Act was received by him) 

being signified by the Governor General, by speech or message to 
each of the Houses of the Union Parliament or by proclamation, 
shall annul the Act from and after the day of such signification. 

27. A Bill reserved for the signification of the Queen's pleasure Signification 
shall not have any force unless and until, within two years from ^^"®*"^^ 
the day on which it was presented to the Governor General for the tSl^erved. 
Queen's Assent, the Governor General signifies, by speech or 
message to each of the Houses of the Union Parliament or by 
proclamation, that it has received the assent of the Queen in 
Council. 

An entry of every such speech, message, or proclamation shall be 
made in the Journal of each House, and a duplicate thereof duly 
attested shall be delivered to the proper officer to be kept among 
the records of the Union. 

V. — Provincial Government. 

28. Each province shall be presided over by a Chief Executive -^Pfff"^*"* 
Officer bearing such title and appointed and removable in such ^f p^o^nceB. 
manner as the Queen may direct. 

29. Until altered by Act of the Union Parliament, the salaries Salwies of 
of such officers shall be such as the Queen may direct. Frettdents. 

30. Every such officer shall, before assuming the duties of his OatH&c. of 
office, make and subscribe before the Governor General, or some l^'f*"^*'*^- 
person authorised by him, oaths of allegiance and office similar to 

those taken by the Governor General. 

31. The provisions of this Act referring to such officer shall Application 
extend and apply to the Chief Executive Officer or Admimstrator J^^gring'to ' 
for the time being carrying on the Government of any province, by Prteidente. 
whatever title he is designated. 

Provincial CovmcHa. 

32. There shall be a Council or Parliament for each province, ConncUfor 
consisting of the Chief Executive Officer and a House or two ewh pioTince. 

[the law RBPOBT8.] P 



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28a C^. 47. South Affka. 40 & 41 Vict. 

Houses of Legislature, and of such number of councillors, or coun- 
cillors and members of Assembly, elected in such manner and for 
such tertn as the Queen may direct. 

VI. — ^Distribution of LEmsLATiVE Powers. 

Powers of the Umon Parliament. 

Legislative * 33. It shall be lawful for the Queen, by and with the advice 
J^S^entf consent of the Legislative Council and House of Assembly, to 

make laws for the peace, order, and good government of the Union, 
in relation to all matters not coming within the classes of subiects 
by this Act assigned to the councils of the provinces; and for 
greatei* certainty it is hereby declared that (notwithstanding any- 
thing in this Act) the legislative authority of the Union Parliament 
extends to all matters coming within the classes of subjects next 
herein-after enumerated ; that is to say, 

1. The qualification of electors and members of the Legislative 

Council and House of Assembly, and other questions re- 
lating to the constitution, privileges, and proceedings of 
either of the said bodies, but always subject to the pro- 
visions of this Act relating to the representation of natives. 

2. The public debt and property. 

3. The regulation of trade and commerce. 

4. The x'aising of money by any mode or system of taxation. 
3. The borrowing of money on the public credit of the Union. 

6. Postal service and telegraphs. 

7. The census and statistics. 

8. Militia, military and naval service, and defence, saving all 

matters and things relating to the troops, ships, property, 
and prerogatives of the Crown not heretofore placed under 
the jurisdiction of the Colonial Governments. 

9. The fixing of and provialng for the salaries and allowances of 

civil and other officers of the Government of the Union. 

10. Beacons, buoys, lighthouses. 

11. Navigation and shipping. 

•12. Quarantine and the establishment and maintenance of marine 
hospitals. 

13. Fisheries. 

14. Bridges or ferries between a province and a foreign state or 

between two provinces. 

1 5. Currency and coinage. 

16. Banking, incoiporation of banks, and the issue of paper money. 

17. Savings banks. 

18. Weights and measures. 

19. Bills of exchange and promissory notes. 

20. Interest 

21. Legal tender. 

22. Bankruptcy and insolvency. 

23. Patents of invention and discovery. 

24. Copyrights. 

25. Affairs of native tribes or peoples who are not included under 

the laws applicable to the general community. 
28. Naturalization atid aliens. 



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1877. Scmth Africa, Ch. 47. ^27 

27. Marriage and divorce. 

28. The criminal law. 

29. The establiBhment, maititenance, and management of gaols, 

hospitals^ asylums, and other public institutions for the use 
of the Union generally. 

SO. Such classes of subjects as are expressly excepted in the 
enumeration of the classes of subjects by this Act assigned 
exclusively to the councils of the provinces. 

31. Such other subjects herein assigned to the councils of the 
provinces as the council of any province may by law de- 
clare to be within the competency of the Union Parliament 
in respect of such province. 

Exchtsim Powers of Provvncial Oov/ncUe. 

84. In each province the council may exclusively make laws Subjects of 
in relation to matters coming within the classes of subjects next «»ci««iv« 
herein-after enumerated^ and not included among the subjects fruition, 
herein-before assigned to the Union Parliament ; that is to say, 
1. The qualification of electors and members of the Provincial 
Cotmcil, but always subject to the provisions of this Act 
relating to the representation of natives. 
S. Direct taction within the province in order to the raising of 
a revenue for provincial purposes. 

3. The borrowing of money on the sole credit of the province. 

4. The establishment and tenure of provincial offices and the 

appointment and payment of provincial officers. 

5. The management and sale of the public lands belonging to 

the province, and of the timber and wood thereon. 

6. Education. 

7. The establishment, maintenance, and management of public 

and reformatory prisons in and for the province. 

8. The establishment, maintenance, and management of hospitals, 

asylums, charities, and eleemosynary institutions in and for 

the province other than marine hospitals. ^ 

9. Municipal institutions in the province. 

10. Licenses for trading and other purposes in order to the raising 

of a revenue for provincial, local, or municipal purposes. 

1 1. Local works and undertakings other than such as are of the 

following classes : 

a. Lines of steam or other ships, railways, canals, tele- 
graphs, and other works and undertakings connecting 
the province with any other or others of the pro- 
vinces, or extending beyond the limits of the province : 
, 5. Lines of steamships between the province and any 
British or foreign country : 

c. Such works as, although wholly situate within the 
province, are before or after their execution declared 
by the Union Parliament to be for the general advan- 
tage of the Union or for the advantage of two or 
more of the provinces. 

12. The incorporation of companies with provincial objects. 

13. The solemnixation of marriage in the province. 

14. Property and civil rights in the province. 

Digitized by VjOOQIC 



22S 



Ch. 47. 



S(mOt Africa. 



40 & 41 Vict. 



Concurrent 
powers of 
legislation 
respecting 
immigmtion. 



As to votes, 
&c. for ap- 
propriation 
of provincial 
revenue. 



Distribution 
of legislative 
powers may 
be varied. 



Allowance or 
disallowance 
of provincial 
laws. 



Creation of 
Consolidated 
Revenue Fund. 



Expenses of 
collection, &c. 



Interest of 
provincial 
public debts. 



15. The administration of justice in the province, including the 

constitution, maintenance, and oi^ganization of provincial 
courts, both of civil and of criminal jurisdiction, and inclu- 
ding procedure in civil matters in those courts. 

16. The imposition of punishment by fine, penalty, or imprison- 

ment for enforcing any law of the province made in relation 
to any matter coming within any of the classes of subjects 
enumerated in this section. 

17. The registration of titles to land. 

18. QenersJIy all mattera of a merely local or private nature in 
the province, 

35. In each province the council may make laws in relation to 
immigration into the province ; and it is hereby declared that the 
Union Parliament may from time to time make laws in relation 
to immigration into all or any of the provinces ; and any law of a 
provincial council relative to immigration shall have effect in and 
for the province as long and as far only as it is not repugnant to 
any Act of the Union Parliament. 

36* It shall not be lawful for the council of any province to 
adopt or pass any vote, resolution, address, or law for the appro- 
priation of any part of the provincial revenue, or of any tax or 
impost, to any purpose that has not first been recommended to the 
council by the chief executive officer. 

37. The distribution of l^islative powers between the Union 
Parliament and the councils of the provinces provided in the four 
last preceding sections of this Act may be varied by any Order in 
Council issued in pursuance of section three of this Act^ and 
nothing in this Act shall be deemed to affect or limit in any way 
the power of the Queen, with the advice and consent of the Loids 
Spiritual and Temporal, and the Commons, of the United Eangdom 
of Great Britain and Ireland, in Parliament assembled, to make any 
law relating to the Union. 

38* Every law made by a provincial council shall be forthwith 
transmitted to the Qovernor General, who shall proceed with 
regard to such law in the same manner as is herein-before pro- 
vided with respect to Bills passed by the Union Parliament. 

VII. — Revenues ; Debts ; Assets ; Taxation. 

39. All duties and revenues lawfully raised within the Union, 
except such portions thereof as are reserved to the respective 
councils of the provinces^ or are raised by them in accordance with 
the special powers conferred on them, shall form one Consolidated 
Bevenue Fund, to be appropriated for the public service of the 
Union in the manner and subject to the charges in this Act 
provided. 

40. The Consolidated Revenue Fund of the Union shall be 
permanently charged with the costs, charges, and expenses incident 
to the collection, management^ and receipt thereof, and the same 
shall form the first charge thereon, subject to be reviewed and 
audited in such manner as shall be ordered by the Governor General 
in Council until the Union Parliament otherwise provides. 

41. The annual interest of the public debts of each colony or 
state joining the Union shall, so far as they are in this Act declared 



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1877. South Africa. Ch. 47. 229 

to be a charge upon the Union, form the Becond charge on the 
Consolidated Revenue Fund of the Union. 

42* Unless altered by Act of the Union Parliament, the salary Salary of 
of the Governor General shall be not less than eight nor more than q^^J^}^'^ 
ten thousand pounds per annum sterling money of the United 
Kingdom of Great Britain and Ireland, payable out of the Con- 
solidated Revenue Fund of the Union, and the same shall form the 
third charge thereon. 

48. SuQect to the several payments by this Act charged on the Appropriation 
Consolidated Revenue Fund of the Union, the same shall be appro- o^J^^en^e. 
priated by the Union Parliament 'for the public service. 

After due provision has been made for the public service of the 
Union, any surplus of the consolidated revenue of the Union which 
may in any year be so appropriated by the Union Parliament shall 
be divided among the provinces in such proportions as the Queen 
may direct, or the Union Parliament may provide. 

44* The Union shall be liable for so much of the public debt of Union may 
each province existing at the Union as the Queen may direct^ and ^"®/**^* 
the said provincial debts may, by Act of the Union Parliament, be ^J^^^^ 
consolidated into one stock. 

46. The Union may assume any lands or public property required Propcrt>- for 
for fortifications or for the defence of the country. defence. 

46. All payments to be made under this Act, or in discharge of Fonn of paj. 
liabilities created imder any law of the colonies, states, or province ™^*' ^^^^^ 
respectively, and assumed by the Union, shall, until, the Union 
Parliament otherwise enacts, be made in such form and manner as 

may from time to time be ordered by the Governor General in 
Council. 

47. AH articles of the growth, produce, or manufacture of any Articles duty 
one of the provinces shall, from and after the Union, be admitted ^? within the 
free into each of the other provinces. ^^^ 

48. All duties and revenues raised or received by the respective Provincial 
governments or councils of the provinces, in accordance with the Conaoiidated 

• 1 /'J i.!.^ i_ XI • A ^ u n • u Revenue Fund, 

special powers conferred upon them by this Act, shall in each pro- 
vince form one Consolidaiied Revenue Fund to be appropriated for 
the public service of the province. 

VIII. — Miscellaneous Provisions. 

49. Every member of the Legislative Council or House of 9****°^*^*" 
Assembly of the Union, and every member of a council of any SSi^^w &c. 

Erovince, shall, before taking his seat therein, take and subscribe 
efore the Governor General or some person authorised by him, the 
oath of allegiance contained in the schedule to this Act. 

50. Except as otherwise provided by this Act, or by any Order Continuance 
in Council issued under section three of this Act, all laws in force ^^ «Mting 
in the colonies and states respectively at the Union, and all courts officeri?&^' 
of civil and criminal jurisdiction, and all legal commissions, powers, 

and Authorities, and all officers, judicial, administrative, and minis- 
terial, existing therein at the Union, shall continue in the provinces 
situate within what at the said Union are the boundaries of those 
colonies and states respectively, as if the Union had not been made ; 
subject nevertheless to be repe^aled, abolished, or altered by the 
Union Parliament, or by the council of the respective province, 



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230 



General Court 
of Appeal, &c. 



Cn. 47. 



South Africa^ 



40 & 41 Vict, 



Transfer of 
officer! to 
the Union. 



Appointment 
of new officers. 



Treaty obli- 
f^ations witb 
foreign 
countries. 



Laws respect- 
ing natives to 
be reserved 
for Her Ma- 
jesty's pleasure. 



Amendment 
of Act, or 
Order made 
thereonder. 



Power to 
Her Majesty to 
admit new 



according to the authority of the Parliament or of that cotincil 
under this Act. 

51, The Union Parliament may, notwithstanding anything in 
this Act, from time to time provide for the constitution, mainte- 
nance, and organisation of a Supreme Court of Judicature and of a 
General Court of Appeal for the Union and for the establishment 
of any additional courts for the better administration of the laws 
of the Union : Provided always, that no Act of the said Union 
Parliament shall extend or be construed to extend to take away or 
abridge the undoubted right and authority of Her Majesty, her 
heirs and successors, upon the humble petition of any person or 
persons aggrieved by any judgment, decree, order, or sentence of 
the said Gkneral Court of Appeal, to admit his, her, or their appeal 
to Her Majesty in Council from any rule, judgment, decree, order, 
or sentence upon such terms and securities, limitations, restrictions, 
and regulations as Her M^esty in Council, her heirs and successors, 
shall think fit. 

52. Until the Union Parliament otherwise provides, all officers 
of the several provinces having duties to discharge in relation to 
matters other than those coming within the classes of subjects by 
this Act assigned exclusively to the coimcils of the provinces shall 
be officers of the Union, and shall continue to discharge the .duties 
of their respective offices under the same liabilities, responsibilities, 
and penalties as if the Union had not been made.^ 

63, Until the Union Parliament otherwise provides, the Governor 
General in Council may from time to time appoint such officers as 
the Governor General in Council deems necessary or proper for the 
effectual administration of the affairs of the Union m accordance 
with this Act. 

54« The Parliament and Government of the Union shall have 
all powers necessary or proper for performing the obligations of 
the Union or of any province thereof, as part of the British Empire, 
towards foreign countries, arising under treaties between the Empire 
and such foreign countries. 

65, All laws passed by the Union Parliament or by the Pro- 
vincial Councils relating to the natives or to native affairs, or 
relating to immigration, and all laws passed by the Provincial 
Councils relating to the tenure of land, shall be reserved by the 
Governor General for the signification of Her Majesty's pleasui-e 
thereon, unless, owing to some urgent emergency, it is necessary 
for any such law to have immediate operation ; but in such case 
the law shall be transmitted for Her Majesty's pleasure thereon at 
the earliest possible opportunity. 

66« No Act of the Union Parliament shall be deemed to be void 
or inoperative on the ground that it is repugnant to this Act or to 
any Order in Council made hereunder, but any such Act containing 
provisions differing from the provisions of this Act shall be reserved 
for the signification of Her Majesty*s pleasure thereon, and shall 
not have effect until Her Majesty's pleasure in that behalf has been 
duly signified. 

67. It shall be lawful for the Queen, by and with the advice of 
Her Majesty's Most Honourable Privy Council, on addresses from 
tHe Houses of the Union Parliament, and from the Legislature of 



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X877. 8(mih Africa. Ch, 47, 48. Ml 

my oolony, state, or province not at the date of such addrewes members into 
included in the Union, to admit that colony, state, or provinee into ***® Union, 
the Union, and on address ftom the Houaea of the Union Parlia^ 
ment to admit any territory, not at ibe date of such addresses 
included in any colony, state, or province, into the Union, on suoh 
terms and conditions escpressed in the addresses as the Queen 
thinks fit to approve, subject to the provisions of this Act ; and the 
provisions of any Order in Council in that behalf shall have effect 
as if they had been contained in this Act. 

68. It shall be lawfiil for the Queen, by and with the advice of Power to Her 
Her Majesty's Most Honourable Privy Council, to authorise the Majesty to an- 
Govemor for the time being of the Cape of Good Hope by proola- atlon tTthe^^ 
mation, to declare that the whole or any portion or portions of any Cape of certain 
territories in South Africa forming part of Her Majesty's possessicms, ^^'"tories. 
but not already included in that colony, shall be annexed to and 

form part of such colony, and the said territories or portions shall 
be annexed accordingly; provided always, that no such procla- 
mation shall be issued until the Legislature of the Cape of Good 
Hope shall have passed a law providing that the said territories 
shall become part of the colony. 

69, In case of the admission into the Union of any colony, Astonpre- 
state, or province not originally included in the Union, it shall be ^e^mem^ 
entitled to a representation ib the Legislative Council and in the of Union. ^ 
House of Assembly proportioned to the representation granted 

under this Act to the other provinces of the union, and caloulaited 
in the same manner. 

60. The powers hereby conferred upon Her Majesty with refe- Powers con- 
rence to the first establishment of the Union shall not be exercised ^^^^^^^ 
after the first day of August one thousand eight hundred and as^U) first e^a- 
eigty^two, and no such Order in Council made in pursuance of this hiishment of 
Act shall have any force or eflTect unless duly published in the ^^^^^f^^^^"" 
*f London Gazette " on or before that date, i Aug. i882. 

61. In this Act-r- 

The words " as the Queen . may direct " mean as Her Majesty interpretation. 
may direct by any Order in Council issued in pursuance of 
section three of this Act, but not otherwise. 

SOHBDUI^E. 

Oath of Allegiance. 

1, A'B,^ do swear, That I will be faithful and hear true allegiance 
to Her Majesty Queen Victoria. 

Note. — TTie name of the Sovereign of the United Kingdom of Great 
Britain or Ireland for the time being ii to he subttituted from . 
time to time with proper terms of reference thereto^ 

CHAPTER 48. 

An Act to make further Provision respecting the Univer- 
sities of Oxford and Cambridge and the Colleges therein. 

[10th August 1877.] 

XITHEREAS the revenues of the Universities of Oxford and 

▼ ▼ Cambridge are not adequate to the full discharge of the duties 



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232 Ch. 48. Universities of Oxford and Cambridge. 40 & 41 Vict. 

incumbent on them respectivelj, and it is therefore expedient that 
provision be made for enabling or requiring the Colleges in each 
XTniversity to contribute more largely out of their revenues to 
Universitj purposes, especially with a view to further and better 
instruction in art, science, and other branches of learning, where the 
same are not taught, or not adequately taught, in the University : 

And whereas it may be requisite, for the purposes aforesaid, as 
regards each University, to attach fellowships and other emoluments 
held in the Colleges to offices in the University : 

And whereas it is also expedient to make provision for regu- 
lating the tenure and advantages of fellowships not so attached, 
andjfor altering the conditions on whidi the same are held, and to 
amend in divers other particulars the }aw relating to the Universities 
and Colleges : 

Be it uierefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authoriiy of the same^ as follows : 

Preldmmiary. 
Short tidot. 1. This Act may be cited as The Universities of Oxford and 

Cambridge Act, 1877 ; and the Acts described in the', schedule to 
this Act may respectively be dted by the short titles therein 
mentioned. 
Interpretatioii. 2. In this Act — 

" The University " means the University of Oxford and the 
University of Cambridge respectively^ or one of them separately 
/ ^ /^ /) / <i / (as the case may require) : 

1^1 L^Ly u h "The Senate "means the Senate of the University of Cambridge: 
'' College " means a College in the University, and includes *the 

Cathedral or House of Christ Church in Oxford : 
'' Hall " means one of the following Halls, namely, St. Mary Hall, 
St. Edmund Hall, St. Alban Hall, New Inn Hall, in the Uni- 
versity of Oxford : 
''The Governing Body" of a College means, as regards the Col- 
leges in the University of Oxford, except Christ Church, the 
head and all actual fellows of the College, being graduates, and 
as regards Christ Church means the dean, canons, and senior 
students : 
''The Governing Body" of a College means, as regards the Col- 
leges in the University of Cambridge, except Downing College, 
the head and all actual fellows of the College, bye-fellows 
excepted, being graduates, and as regards Downing College, 
the head, professors, and aJl actual fellows thereof^ bye-fellows 
excepted, being graduates : 
"Emolument " includes — 

(1.) A headship, professorship, lectureship, readership, prsslec- 
torship, fellowship, bye-fellowship, tutorship, senior stu- 
dentship, scholarship, junior studentship, exhibition, 
demyship, postmastership, taberdarship, Bible clerkship, 
servitorship, sizarahip, sub-sizarship, or other place in 
the University or a College, or Hall, having attached 
thereto an income payable out of the revenues of the 



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1877. Um/0€T8itie8 of Oxford cmd Cambridge, Ch. 48. 233 

University or of a College or Hall, or being a place 
to be held and enjoyed by a head or other member of 
a College or Hall as such, or having attached thereto 
an income to be so held and enjoyed, arising wholly or 
in part from an endowment, benefaction, or trust ; and 

(2.) The income aforesaid, and all benefits and advantages of 
every nature and kind belonging to the place, and any 
endowment belonging to, or held by, or for the benefit 
of, or enjoyed by, a head or other member of a Col- 
lege or Hall as such, and any fund, endowment, or 
property held by or on behalf of the University or a 
College or Hall, for the purpose of advancing, rewarding, 
or otherwise providing for any member of the Univer- 
sity or College or Hall, or of purchasing any advowson, 
benefice, or property to be held for the like purpose, or 
to be in any manner applied for the promotion of any 
such member ; and 

(3.) Afl regards the University of Oxford a bursary appropriated 
to any College in Scotland : 
'' Office " has tiie same meaning in the sections in which '' The 34 & 85 Vict. 

Universities Tests Act, IS?!,** is mentioned as it has in that ®- ^®* 

Act: 
'^ School '* means a school or other place of education beyond 

the precincts of the University, and includes a CoUege in 

Scotland : 
" Professor " includes Regius and other professor, and reader, and 

teacher; and '' Professorship " includes their several offices : 
"Advowson " includes right of patronage, exclusive or alternate : 
" The Charity Commissioners " means the Charity Commissioners 

for England and Wales : 
" The SeCTetary of State " means one of Her Majesty's Principal 

Secretaries of State. 

CorrmmsioTieTe. 

3. There shall be two bodies of Commissioners styled respec- Bodies of Com* 
tively the University of Oxford Commissioners and the University ™'»io'^«"« 

of Cambridge Commissioners. 

The provisions of this Act referring to the Commissioners shall 
be construed to apply to those two bodies respectively, or to one 
of those two bodies separately, as the case may require. 

4. The following persons are hereby nominated the University Nomination 
of Oxford Commissioners : ^.9^^^^^ 

The Right Honourable Roundell, Baron Selborne. 

The Bight Honourable John Thomas, Earl of Redesdale. 

The Right Honourable Mountague Bernard, Doctor of Civil 

Law. 
The Honourable Sir William Robert Grove, one of the Justices 

of Her Majesty's High Court of Justice. 
The Reverend James Bellamy, Doctor of Divinity, President 

of St John's College. 
Henry John Stephen Smith, Master of Arts, Savilian Professor 

of Geometry. 
Matthew White Ridley, Esquire, Master of Arts. 



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Vacancies 
among Com- 
missioners. 



Doration of 
Conunissions. 



234 Ch. 48. Umv€T9itiea qf Oxford and Cambridge. 40 & 41 Vicr. 

Nomination of 5, The following persona are hereby nominated the University 
c^mtrawn ^^ Cwnbridge Commissionera ; 

The Right Honourable Six Ale:s(ander James Jldmnnd Cock- 
bum, Baronet, Lord Chief Justice of SJngland. 
The Right Reverend Henry, Lord Bishop of Woroester. 
The Right Honourable Jolm William, Lord Rayleigh. 
The Right Honourable Edward Plevdell Bouverie, 
The Reverend Joseph Barber Ligbtfoot, Ppctor of Divinity, 

Lady Margaret Professor of Divinity, 
Oeorge Gabriel Stokes, Master pf Arts, Luoasiaii Flrofessor of 

Mathematics. 
George Wirgman Hemiping, one of Her Majesty's Counsel^ 
Master of Arts. 

6. If anv person nominated a Commissioner by this Act dies, 
resigns, or becomes incapable of acting ojsi a Commissioner, it shall 
be lawful for Her Majesty the Queen to appoint a person to fill 
his place; and so from time to time as regards every person 
appointed under this section : Provided that the name of every 
person so appointed shall be laid before the Houses <^ Parliament 
withiu ten days after the appointment, if Parliament is then 
sitting, or if not, thm ten days after the ne^^t meeting of Parlia- 
ment. 

Bwration: Proceedlmga, 

7. The powers of the Commissioners shall continue until the 
end of the year one thousand eight himdred and eighty, and no 
longer j but it shall be lawful for Her M^esty the Queen, from time 
to time, with the advice of Her Privy Council, on the application 
of the Commissioners, to continue the powers of the Commissioners 
for such time as Her Majesty thinks fit, but not beyond the end 
pf the year one thousand eight hundred and eighty-one, 

8. xhe Commissioner first named in this Act, as regards each 
of the two bodies of Commissioners, shall be the Chairman of the 
respective body of Commissioners ; and in case of his ceasing from 
any cause to be a Commissioner, or of his absence from any meet- 
ing, the Commissioners present at each meeting shall cnooae a 
chairman. 

The powers of the Commissioners may be exercised at a meeting 
at which three or more Commissioners are present 

In case of an equality of votes on a question at a meeting, the 
chairman of the meeting shall have a seccmd or casting yote in 
respect of that question. 

9. The Commissioners shall have a common seal, and the same 
shall be judicially noticed. 

10. Any act of the Commissioners shall not be invalid by reason 
only of any vacancy in their body ; but if at any time, ana as long 
as, the number of persons acting as Commissioners is less than four, 
the Commissioners shall discontinue the exercise gf their powers. 

Statutes for University a/nd Colleges, 
Power for jj^ Until the end of the year one thousand eight hundred and 

Colics to"* seventy-eight, the University and the Governing Body of a College 
make statates. shall have the like powers in all respects of malang statutes for the 



Chainnen and 
meetings of 
Commissioners, 



Seals of Gon^ 
missioners. 

Vacancies not 
to inyaUdate 
acts. 



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X877. UniwrsUiea of Oxford wnd Cambridge. Off. 48, 886 

Umversity or the College respectively, and of making statutea for 
alteriiig or repealing statute made by them, as are, from and after 
the end of that year, conferred on the Commiaaionera by thia Act \ 
but every statute so made shall, before the end of that year, be laid 
before the Commissioners, and the aame, if approved b^ore or after 
the end of that year by the Commissioners by writing imder their 
seal, but not otherwise, shall, as regards the force and operation 
of the statute, and as regards proceedings prescribed by this Aot 
to be taken respecting a statute made by the Commissioners after 
(but not before) the statute is made, be deemed to be a statute 
made by the Commissioners. 

If within one moi^th after a statute so made by a College is 
laid before the Commissioners, a member of the Governing Body 
of the College makes a representation in writing to the Commis- 
sioners respecting the statute, the Commissioners, before approving 
of the statute, shall take the representation into oonsideration. 

In considering a statute so naade by a College, the Commissioners 
shaU have regard to the interests of the University and the Colleges 
therein as a whole. 

. The Conunissioners shall not approve a statute so made by a 
College until they have published, in such form at to them may 
seem fit, a statement with respect to the main purposes relative 
to the University for which, in their opinion, provision should be 
made under this Act,« the sources from which funds for those 
purposes should be obtained, and the principles on which pay- 
ments from the Colleges for those purposes should be contributed ; 
but nothing in this provision or in any statement published' there- 
under shall prevent the Commissioners from exercising from time 
to time according to their discretion the powers and performing 
the duties conferred and imposed on them by this Act, 

12. From and after the end of the year one thousand eight Power for Com- 
hundred and seventy-eight, the Commissioners may by virtue of JJ^tcTs^tes 
this Act, and subject and according to the provisions tbeveof, make, for Uniyenity 
by writing imder their seal, statutes for the University and for any «>d Colleges 
dollege or Hall, and for altering or repealing statutes made by *2^^*^^^ <^ J/$ 
the Commissioners, and may exercise those powers from time to 

time with reference to the University and to any College or Hall. 

13. The Commissioners shall not make a statute altering the Limitation of 
trusts, conditions, or directions affecting a University or College *^ y^*"' 
emolument if the original charter, deed of composition, or other 
instrument of foundation thereof, not being an Order in Council 

made under, or a statute or ordinance having effect under, any 
Act mentioned in the schedule to this Act, was made or executed 
within fifty years before the passing of this Act ; but nothing in 
this section shall prevent the Commissioners from making a statute 
increasing the endowment of any University or College emolument, 
or otherwise improving the position of the holder thereof, 

14. The Commissioners, in making a statute affecting a Univer- Regard to 
sity or College emolument, shall have regard to the main design ^fo^nd!^ 
of the founder, except where the same has ceased to be observed ' . 
before the passing of this Act, or where the trusts, conditions, or ^^ C4^ (o2><^ 
directions affecting the emolument have been altered in substance 

by or under any other Act^ 



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236 

Provision for 
education, 
religion, &c. 



Objects of 
statutes for 
University. 



Ch. 48. Universities of Oxford and Cambridge. 40 & 41 VrCT. 

15. The Commissioners, in making a statute for the XTniversity 
or a College or Hall, shall have r^ard to the interests of education, 
religion, learning, and research, and in the case of a statute for a 
Ck>llege or Hall ^hall have regard, in the first instance, to the 
maintenance of the College or Hall for those purposes. 

16. With a view to the advancement of art^ science, and other 
brandies of learning, the Commissioners, in statutes made by them 
for the University, may from time to time make provision for the 
following purposes, or any of them : 

(1.) For enabling or requiring the several Colleges, or any of 
them, to make contribution out of their revenues for 
University purposes, regard being first had to the wants 
of the several colleges in themselves for educational and 
other collegiate purposes : 

(2.) For the creation, by means of contributions from the Colleges 
or otherwise of a common University Fund, to be admi- 
nistered under the supervision of the University : 

(3.) For making payments under the supervision of the Uni- 
versity, out of the said common fiind for the giving of 
instruction, the doing of work, or the conducting of 
investigations within the University in any branch of 
learning or inquiry connected with the studies of the 
University : 

(4.) For consolidating any two or more professorships or lecture* 
ships : 

(5.) For erecting and endowing professorships or lectureships : 

(6.) For abolishing professorships or lecturc^ps : 

(7.) For altering ttie endowment of any professorship or lecture- 
ship: 

(8.) For altering the conditions of eligibility or appointment and 
mode of election or appointment to any professorship or 
lectureship, and for limiting the tenure thereof: 

(9.) For providing retiring pensions for professors and lecturers : 

(10.) For providing new or improving existing buildings^ libra- 
ries, collections) or apparatus for any purpose connected 
with the instruction of any members of the University, 
or with research in any art or science or other brandi 
of learning, and for maintaining the same : 

(11.) For diminishing the expense of University education by 
founding scholarships tenable by students either at any 
College or Hall within the University, or as unattached 
students, not members of any College or Hall, or by 
paying salaries to the teachers of such unattached students, 
or by otherwise encouraging such imattached students : 

(12.) For foimding and endowing scholarships, exhibitions, and 
prizes for encoui*agement of proficiency in any art or 
science or other branch of learning : 

(13.) For modifying the trusts, conditions, or directions of or 
afiecting any University endowment, foundation, or gift, 
or of or affecting any professorship, lectureship scholarship, 
office, or institution, in or connected with the University, 
or of or affecting any property belonging to or held in 
trust for the University or held by the University in 



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1877. Universities of Oxford cmA Cambridge. Ch. 48. r237 

trust for a Hall, as far as the Commissioners think the 
modification thereof necessary or expedient for giving 
effect to statutes made by them for any purpose in this 
Act mentioned : 

(14.) For regulating presentations to benefices in the gift of the* 
University : 

(15.) For regalating the application of the purchase money for 
any advowson sold by the University : 

(16.) For founding any office not paid out of University or 
College fimds in connexion with any special educational 
work done out of the University under the control of the 
University, and for remunerating any secretary or officer 
resident in the University and employed there in the 
management of any such special educational work : 

(17.) For altering or repealing any statute, ordinance, or regula* 
tion of the University, and substituting or adding any 
statute for or to the same. 

17« The Commissioners, in statutes made by them for a College, Objects of 
may from time to time make provision for the following purposes j5»^*«»for 
relative to the College, or any of them : ¥xe^ (^ ^l S^^I^m. 

(1.) For altering and regulating the conditions of eligibility or 
appointment, including where it seems fit those relating 
to age, to any emolument or office held in or connected with ^^ 
the College, the mode of election or appointment thereto, 
and the vtdue, length, and conditions of tenure thereof, 
and for providing a retiring pension for a holder thereof : 

(2.) For consolidating any two or more emoluments held in or 
connected with the College : 

(3.) For dividing, suspending, suppressing, converting, or other- 
wise dealing with any emolument held in or connected 
with the College : - 

(4.) For attaching any emolument held in or connected with the 
College to any office in the College, on such tenure as 
to the Commissioners seems fit, and for attaching to the 
emolument, in connexion with the office, conditions of 
residence, study, and duty, or any of them : 

(5.) For affording furtiher or better instruction in any art or 
science or other branch of learning : 

(6.) For providing new or improving existing buildings, libraries, 
collections, or apparatus, for any purpose connected with 
instruction or research in any art or science or other 
branch of learning, and for maintaining the same : 

(7.) For diminishing the expense, of education in the College : 

(8.) For modifying the trusts, conditions, or directions affecting 
any College endowment, foundation, or gift, or any pro- 
perty belonging to. the College, or the head or any member 
thereof, as such, or held in trust for the College, or for the 
head or any member thereof, as such, as far as the Com- 
missioners think the modification thereof necessary or 
expedient for giving effect to statutes made by them for 
the College : 

(9.) For regulating presentations to benefices in the gift of the 
College : 



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238 



Objects of 
statutes for 
Colleges in 
relation to 
University. 



Increase of or 
additional in- 
come to-be 
regarded. 



Power to allow 
continuance of 
Toluntaiy 
payments. 



Oh. 48. Umversities of Oxford and Carribridge. 40 & 41 Vicrr. 

(10.) For regtdatiug the application of the purchase money for 
any advowson sold by the College : 

(11.) For altering or repealing any statute, ordinance, regulation, 
or byelaw of the College, and substituting or adding any 
statute for or to the same. 

18. The Commissioners, in statutes made by them for a College, 
may from time to time make provision for the following purposes 
relative to the University, or any of them : 

(1.) For authorising the College to commute any annual payment 
agreed or required to be made by it for University pur- 
poses into a capital sum to be provided by the College out 
of money belonging to it, and not produced by any sale of 
lands or hereditaments made affcpr the passing of this Act : 

(2.) For annexing any emolument held in or connected with the 
College to any office in the University, or in a Hall, on 
such tenure as to the Commissioners seems fit, and for 
attaching to the emolument, in connexion with the office 
oonditionfi of residence, study, and duty, or any of them : 

(3.) For assigning a portion of the revenues or property of the 
CoUege, as a contribution to the common fund or other- 
wise, for encouragement of instruction in the University 
in any art or science or other branch of learning, or for 
the maintenance and benefit of persons of known ability 
and learning, studying or making researches in any ajrt 
or science or other branch of learning in the University : 

(4.) For empowering the College by statute made and passed at 
a general meeting of the Governing Body of the College 
specially summoned for this purpose, by the votes of not 
less than two thirds of the number of peraons present and 
voting, to transfer the library of the College, or any 
portion thereof, to any University library : 

(5.) For providing out of the revenues of the College for payments 
to be made, under the supervision of the University, for 
work done or investigations conducted in any branch of 
learning or inquiry connected with the studies of the 
University within the University : 

(6.) For giving efifect to statutes made by the Commissioners for 
the University t 

(7.) For modifying the trusts, conditions, or directions of or 
affecting any CoUege endowment, foimdation, or gift, con- 
cerning or relating to the University, as far as the Com- 
missioners think the modification thereof necessary or 
expedient for giving effect to statutes made by them for 
the University. 

10. The Commissioners, in making a statute affecting a Univer- 
sity or College emolument, shall take into account any prospective 
increase of the income of the emolument, or any prospective 
addition to the revenues of the University or College, and maj* 
make such provision as they think expedient for the application of 
that increase or addition. 

20. Nothing in or done under this Act shall prevent the Com- 
missioners from making in any statute made by them for a College 
such provisions as they think expedient for the voluntary con- 



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1877. Umverdties of Oxford and Gambi'idge. Ctt. 48. 239 

tmuance of any voluntary payment that has been used to be made 
out of the revenues of the College in connexion with the College 
estates oi* property. 

21. The Commissioners^ in statutes made by them, shall from Provision for 
time to time make provision-— bS^SS^*''^*' 

(1.) Fot the form of accounts of the University, and of a College aadSi^! 
relating to funds administered either for general purposes, 
or in trust, or otherwise, and for the audit and publication 
thereof! 
(2.) For the publication of accounts of receipts and expenditure 
of money raised under the borrowing powers of the Uni- 
versity or of a CoUege : 
And the Commissioners, in statutes made by them, may from 
time to time, if thev think fit, make provision — 

(3.) For regulatmg the exercise of the borrowing powers of the 

University or of a College : 
(4.) For regulating the conditions under which beneficial leases 

may be renewed bv the University or a College. 
32. The Commissioners, m statutes made by them, may from Union of 
time to time make provision for the complete or partial union of g>Uegefl and 
two or more Colleges, or of a College or Colleges and a Hall or inStitu^ons or 
Halls, or of two or more Halls, or of a College or Hall, with any combination for 
institution in the University, or for the organization of a com- education, 
bined educational system in and for two or more Colleges or Halls, 
provided application in' that behalf is made to the Commissioners 
on the part of each College and Hall and institution as follows : 
(1.) In the case t)f a College in the University of Oxford, by a 
resolution passed at a general meeting of the Governing 
Body of the College specially summoned for this purpose, 
by the votes of not less than two thirds of the number of 

{>ersons present and voting, and, in case of an" application 
or complete union, with the consent in writing of the 
Visitor of the College : 
(2.) In the case of a Hall, by a resolution of the Hebdomadal 
Council, with the consent in writing of the Chancellor of 
the University : 
(3.) In the case of a College in the University of Cambridge, by 
a resolution passed at a general meeting of the Governing 
Body of the College specially summoned for this purpose, 
and, in case of an application for complete union, the 
resolution being passed by the votes of not less than two 
thirds of the number of persons present and voting : 
(4.) In the case of an institution, with the consent of the Con- 
gregation or Senate of the University. 
23, The Commissioners shaU not make a statute affecting the Saving te^pect- 
trusts or directions of the will of William Hulme of Kearsley, in ^^^^^ 
tibe county of Lancaster, deceased, or the provisions of any Act at Oxfo^^^ 
of Parliament relating thereto, except as regards so much of the 
fiinds or property of the trustees under the same as the Charity 
Commissioners under any scheme approved by Order in Council 
may assign for scholarships or exhibitions at Brasenose College or 
elsewhere in Oxford, without the consent ih writing of the trustees 
under the same. 



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240 

Saviog respect^ 
ing Snell 
Exhibitions 
at Oxford. 



Provision for 
canoniy of 
Rochester 
annexed to 
proTostship 
of Oriel Col- 
lege, Oxford. 



Severance of 
canonry from 
Greek profes- 
sorship at Cam- 
bridge. 



Saving for 
statutes of . 
Trinity Col- 
le(^, Csm- 
bndj^e, as to 
Begins pro- 
fessorships. 



Alteration of 
trusts of Dixie 
Foundation in 

College, Oun- 
bridge.^ 



Af/, 



Saving for 
headship of 
Magdalene 



Ch. 48. Universitiea of Oxford and Cambridge, 40 & 41 Vicr. 

24. No statute or ordinance shall be made under this Act 
affectixig the trusts, conditions, or directions of the will of John. 
Snell, Esquire, deceased, or any scheme approved by the Gotirt 
of Chancery relating thereto, without the consent in writing of 
the University Court of the University of Glasgow. 

25. The Commissioners, in a statute made by them for the 
University of Oxford, or for Oriel College in Oxford, may, if they 
think fit, with the assent of Oriel College, signified imder its 
common seal, and with the concurrence of the Ecclesiastical Com- 
missioners for England, provide that the canonry in the chapter 
of the cathedral church of Rochester, which is now annexed and 
united to the provostship of Oriel College, shall, on a vacancy, be 
severed therefrom, and may also, with the concurrence of the 
said Ecclesiastical Commissioners, provide that such canonry shall 
be thenceforth permanently annexed and united to some office or 
place of a theological or ecclesiastical character in or connected 
with the University of Oxford, or may, with the concurrence 
aforesaid, make such other provisions for the future disposal and 
patronage, of such canonry as they shall think fit ; and in case any 
such statute shall be made annexing such canonry to such office 
or place as aforesaid, such canonry, or the income thereof, may, if 
they think fit, be reckoned and taken in whole or in part, as a 
contribution of Oriel College out of it« revenues to University 
purposes. 

26. The Commissioners^ in a statute or statutes made by them 
for the University of Cambridge, with the concurrence of the 
Ecclesiastical Commissioners for England, may provide for the 
canonry in the chapter of the Cathedral Church of Ely, which is 
annexed and united to the Kegius Professorship of Greek, being, 
on a vacancy, severed therefrom, and being thenceforth permanently 
annexed and united to a professorship in the University of a theo- 
logical or ecclesiastical character, with power, nevertheless, for the 
Commissioners, with the concurrence of the Ecclesiastical Commis- 
sioners, if they think it expedient, to allow the present professor 
to resign the professorship and to hold the canonry as if it had 
never been annexed to the professorship. 

27. A statute for altering or modifying the trusts, statutes, 
or directions relating to the endowments held by the Regius 
Professor of Greek, Hebrew, or Divinity in tlie University of Cam- 
bridge, if affecting any statute of Trinity College touching those 
professors or their endowments, shall not be made by the Commis- 
sioners unless and until it receives the assent of Trinity CoU^e 
under its common seal. 

28. The Commissioners, in a statute or statutes made by them 
for Emmanuel College in the University of Cambridge, after notice 
in writing to the heir of Sir Wolstan Dixie, may alter or modify 
the trusts, conditions, or directions of or affecting the Dixie Foun- 
dation, and as regards any right of nomination vested in the heir 
of the fifunder may commute that right in such manner, or make 
such other arrangement touching that right, as to the Commissioners 
seems just and beneficial. 

29. A statute made by the Commissioners shall not affect the 
right of nominating or appointing to the headship of Saint Mary 



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1877. Universities of Oxford and CamJbridge. Ch. 48. 241 

Magdalene College in the University of Cambridge, unless the CoUege, 
consent by deed of the person entitled to that right is first obtained. Cambridge. 

30. A statute made by the Commissioners may, if the Commis- Distinction of 
sioners think fit, be in part a statute for the University, and in^^i^^^®"* 
part a statute for a College or Hall. Statates. 

The Commissioners shall in each statute made by them declare 
whether the same is a statute, wholly or in any and what ipart, 
for the University or for a College or Hall therein named ; and 
the declaration in that behalf of the Commissioners shall be con- 
clusive to all intents. 

If any statute is in part a statute for a College or Hall, the same 
shall for the purposes of the provisions of this Act relative to the 
representation of Colleges and Halls, and of the other provisions 
of this Act regulating proceedings on the statute, be proceeded on 
as a statute for the College or HalL 

31. Where the Commissioners contemplate making a statute for Communica- 
the University or a statute for a College or HaU containing a ^^^27^*^ 
provision for any purpose relative to the University, or a statute University, &c. 
otherwise affecting the interests of the University, they shall, one *o Council, &c. 
month at least (exclusive of any University vacation) before adopt- 
ing any final resolution in that behalf, communicate the proposed 

statute in the University of Oxford to the Hebdomadal Council, 
to the Head and to the Visitor of the College, and to the Principal 
of the Hall affected thereby, and in the University of Cambridge 
to the Council of the Senate and to the Governing Body of the 
College affected thereby. 

The Commissioners shall take into consideration any represen- 
tation made to them by the Council, College, Visitor, Principal, 
or (joverning Body respecting the proposed statute. 

Within seven days after receipt of such communication by the 
Council, the Vice-Chancellor of the University shall give public 
notice thereof in the University. 

32. Where the Commissioners contemplate making a statute for Publication 
a College or Hall, they shall, one month at least (exclusive of any g^SItwfOT 
University vacation) before adopting any final resolution in that Colleges and 
behalf, communicate the proposed statute to the Vice-Chancellor Halls. 

of the University and to the Head, and in the University of 
Oxford the Visitor, of the College, and to the Principal of the Hall. 
Within seven days after receipt of such communication the Vice- 
Chancellor shall give public notice thereof in the University. 

33. The Commissioners may, if they think fit, by writing under Snspension of 
their seal, from time to time authorise and direct the University or «'®<^"o°*- 
any College or Hall to suspend the election or appointment to, or 

limit the tenure of, any emolument therein mentioned for a time 
therein mentioned within the continuance of the powers of the 
Commissioners as then ascertained ; and the election or appointment 
thereto or tenure thereof shall be suspended or limited accordingly. 

34. Any statute made by the Commissioners shall operate Saving for 
without prejudice to any interest possessed by any person by virtue f^^^J^ 
of his havings before the statute comes into operation, become a 
member of a College or Hall, or been elected or appointed to a 
University or College emolument, or acquired a vested right to be 
elected or appointed thereto. 

[thb law bbfobts.] Q 



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242 Ch. 48. Umvereities of Oxfoi^ and Cambridge. 40 & 41 Vict. 

Production of 35. The Commissioners, in the exercise of their authority, may 
doenmeiitflj&c. ^qJ^q evidence, and for that purpose may require from any officer of 
the University or of a College or Hall the production of any docu- 
ments or accounts relating to the University or to the College or 
Hall (as the case may be), and any information relating to the 
revenues, statutes, usages, or practice thereof, and genendly may 
send for persons, papers, and records. 

RepreeeTitation of Colleges and Halls. 
EiectioD of 36. Eight weeks at least (exclusive of any University vacation) 

Comnwwners ij^fore ^he Commissioners, in the first instance, enter on the con- 
For HaU, sideration of a statute to be made by the Commissioners for a 
Principal toW College or Hall, they shall, by writing under their seal, give notice 
^^^«"°^^°«'- to the Governing Body of the CoUege, and in the University of 
Oxford to the Visitor of the College, and in the case of a HaU to 
the Principal of the Hall, of their intention to do so. 

The Governing Body of the College, at any time after receipt of 
the notice, may, at an ordinary general meeting, or at a general 
meeting specially summoned for this purpose, elect three persons to 
be Commissioners to represent the College in relation to the making 
by the Commissioners of statutes for the College. 

But, in the case of a College, any actual member of the foundation 
whereof is nominated a Commissioner in this Act, no more than two 
persons shall be so elected, while that member is a Commissioner. 

If during the continuance of the powers of the Commissioners a 
vacancy happens by death, resignation, or otherwise, among the 
persons so elected, the same may be filled up by a like election ; 
and so from time to time. 

Each person entitled to vote at an election shall have one vote 
for every place to be then filled by election, and may give his votes 
to one or more of the candidates for election, as he thinks fit 

The persons elected to represent a College, and the principal of 
a Hall, shall be, to all intents. Commissioners in relation to the 
making by the Commissioners of statutes for the College or Hall, 
before and after the making thereof, but not further or otherwise, 
save that they shall not be counted as Commissioners for the pur- 
poses of the provisions of this Act requiring four Commissioners to 
be acting and three to be present at a ineeting. 
Notice to Col- 37. Where the Commissioners propose at any meeting, not being 
i^tCurf "^ ^^ ^^ adjourned meeting, to make a statute for a College or Hall, they 
shall give to the Governing Body of the College or to the Principal 
of the Hall, by writing imder the seal of the Commissioners, or under 
the hand of their secretary, fourteen days notice of the meeting. 
Validity of 38. Any act of the Conmiissioners shall not be invalid by reason 

C^i^M^d^ only of any failure to elect any person to be a Commissioner to 
Halig. represent a College, or the failure of any person elected to represent 

a College, or of the Principal of a HaU, to attend a meeting of the 
Commissioners. 

Schools. 
Notice to 80^ If iix any case the Commissioners contemplate making a 

Body™f whool «*^^*^***® ^^^ * College, affecting any right of preference in elections 
and to Charity to any College emolument lawftilly belonging to and enjoyed by 
CommiBsionera. any school, individually named or designated in any instrument of 



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1 877. Universities of Oxford and Cambridge. Ch. 48. 243 

foundation, they shall, two months at least before adopting any- 
final resolution in that behalf, give notice, by writing under their 
seal, to the Governing Body of the school, or to the Master or 
Principal of the school on behalf of the Governing Body, and to the 
Charity Commissioners, of the proposed statute. 

Where the emolument is not a fellowship^ bye-fellowship, or 
studentship, the Commissioners shall not make the proposed statute 
in either of the following cases ; namely, 

(1.) If within two months after receipt of the notice aforesaid by 
the Governing Body, ii^aster, or principal of the school, 
two thirds of the Governing Body of the school, or two 
thirds of the aggregate body composed of the members of 
the several Governing Bodies of several schools interested 
(in the reckoning of the two thirds members of the 
Governing Body of a school who are such by virtue of 
membership of or election by the Governing Body of the 
College not being counted), by writing under their respec- 
tive hands or seal, dissent from the proposed statute on 
the ground that it would be prejudicial to the school or 
schools as a place or places of learning and education ; or 
(2.) If within two months after receipt of the notice aforesaid 
by the Charity Commissioners, those Commissioners, by 
writing imder their seal, dissent from the proposed statute 
on the ground aforesaid. 
Where fellowships or studentships are tenable in a College by ' 
undergraduates, and the fellowships or studentships of the College 
are divided^ or proposed to be divided, into elder and younger, the 
elder only shall be deemed to be fellowships or studentships within 
this section. 

40. The Governing Body of a school having a right of preference Provision for 
contingently only on the failure of fit objects from some other school ^^^^^''^t 
entitled to and in the enjoyment of a prior right of preference, shall °^ " ^ * 
not have the power of dissent from a proposed statute under this Act. 

41. Where the Governing Body of a school is a corporate body, Governing 
the Governing Body of the corporation shall be deemed to be the ^^tion ^^'^ 
Governing Body of the school. 

42. The Commissioners shall send to the Secretary of State Statutes for 
every statute relating to a school proposed by them and dissented "^^?^^^' 
from as aforesaid (unless another statute has been substituted), and 

it shall be laid before both Houses of Parliament. 

43. Every right of preference retained by or for a school under Provision re- 
this Act shall be subject to all statutes from time to time made by ^f^J^^^^* 
the Commissioners for the purpose of making the College emolu- ^hen retained 
ment, to which the right relates, more conducive to the mutual by school, 
benefit of the College and school, or for the purpose of throwing 

the emolument open to general or extended competition, on any 
vacancy for which no candidate or claimant of sufficient merit oflTers 
himself from any school entitled. 

Universities Committee of Privy Council. 
4t4t. There shall be a Committee of Her Majesty's Privy Council, Constitution of 
styled The Universities Committee of the Privy Council (in this commTtieTof 
Act referred to as the Universities Committee). Privy Council. 

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244 Ch. 48. Universities of Oxford and Cambridge. 40& 41 Vict. 

The Universities Committee shall consist of the President for the 
time being of the Privy Council, the Archbishop of Canterbury for 
the time being, the Lord Chancellor of Great Britain for the time 
being, the Chancellor of the University of Oxford for the time 
being, if a member of the Privy Council, the Chancellor of the 
University of Cambridge for the time being, if a member of the 
Privy Council, and such other member or two members of the Privy 
Council as Her Majesty from time to time thinks fit to appoint in 
that behalf, that other member, or one at least of those two other 
members, being a member of the Judicial Committee of the Privy 
Council. 

The powers and duties of the Universities Committee may be 
exercised and discharged by any three or more of the members of 
the Committee, one of whom shall be the Lord Chancellor or a 
member of the Judicial Committee of the Privy Council. 

Confw^iation or Disallowance of Statutes. 

Submission 45. The Commissioners, within one month after making a 

of statutes to statute, shall cause it to be submitted to Her Majesty the Queen in 

CouMiir Council, and notice of it having been so submitted shall be published 

y^. c/V ^ y in the London Gazette (in tWs Act referred to as the gazetting of 

a statute). 

The subsequent proceedings under this Act respecting the statute 
shall not be affected by the cesser of the powers of the Commis- 
sioners. 
Petition against 46. At any time within three months after the gazetting of a 
statute. statute, the University or the Governing Body of a College, or the 

trustees, governors, or patron of a University or College emolument, 
or the Principal of a Biall, or the Governing Body of a school, or 
any other person or body, in case the University, College, emolu- 
ment. Hall, school, person, or body, is directly affected by the 
statute, may petition the Queen in Council for disallowance of the 
statute, or of any part thereof. 
Refeienoe to 47. It shall be lawful for the Queen in Council to refer any 
Committee. statute petitioned against under this Act to the Universities 
Committee. 

The petitioners shall be entitled to be heard by themselves or 
counsel in support of their petition. 

It shaU be lawful for the Queen in Council to make, from time to 
time, rules of procedure and practice for regulating proceedings on 
such petitions. 

The costs of all parties of and incident to such proceedings shall 

be in the discretion of the Universities <yommittee ; and the orders 

of the Committee respecting costs shall be enforceable as if they 

were orders of a Division of the High Court of Justice. 

Disallowwice 48. If the Universities Committee report their opinion that a 

Councif Vr* statute referred to them, or any part thereof, ought to be disallowed, 

remitting to it shall be lawful for the Queen in Council to disallow the statute 

Commissioners, or that part, and tliereupon the statute or that part shall be of no 

effect. 

If, during the continuance of the powers of the Commissioners, 
the Universities Committee report their opinion that a statute 
referred to them ought to be remitted to the Commissioners with a 



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1877. Universities of Oxford and Cambridge, Ch. 48. 245 

declaration, it shall be lawful for the Queen in Council to remit the 
same accordingly ; and the Commissioners shall reconsider the 
statute, with the declaration, and the statute, if and as modified by 
the Commissioners, shall be proceeded on as an original statute is 
proceeded on, and so from time to time. 

49. If a statute is not referred to the Universities Committee, Statutes not 
then, within one month after the expiration of the time for peti- JigaUowed^or^* 
tioning against it, the statute shall be laid before both Houses of remitted, to be 
Parliament, if Parliament is then sitting, and if not, then within l"d before 
fourteen days after the next meeting of Parliament. PMlfoment 

If a statute is referred to the Universities Committee, and the 
Committee do not report that the same ought to be wholly dis- 
allowed or to be remitted to the Commissioners, then, as soon as 
conveniently may be after the report of the Universities Committee 
thereon, the statute, or such part thereof as is not disallowed by 
Order in Council, shall be laid before both Houses of Parliament. 

50. If neither House of Parliament, within twelve weeks (exclu- Approval of 
sive of any period of prorogation) after a statute or part of a ?J^"J^? ^^' 
statute is laid before it, presents an address praying the Queen council. 

to withhold her consent therefrom, it shall be lawful for the Queen 
in Council by Order to approve the same. 

JSffect of Statutes. 

51. Every statute or part of a statute made by the Commis- statutes to be 
sionei-s, and approved by Order in Council, shall be binding on the binding and 
University and on every College and Hall, and shall be eflFectual ®®-'^^"'*^- 
notwithstanding any instrument of foundation or any Act of ^-^ Q^ ^♦>^ 
Parliament, Order in Council, decree, order, statute, or other instru- 
ment or thing constituting wholly or in part an instrument of 

foundation, or confirming or varying a foundation or endowment, 
or otherwise regulating the University or a College or Hall. 

52. If after the cesser of the powers of the Commissioners any Power in Cam- 
doubt arises with respect to the true meaning of any statute made bridge for 

by the Commissioners for the University of Cambridge, the Council getSe^doubts^as 
of the Senate may apply to the Chancellor of the University for to meaning of 
the time being, and he may declare in writing the meaning of the University 
statute on the matter submitted to him, and his declaration shall 
be registered by the Eegistrary of the University, and the meaning 
of the statute as therein declared shall be deemed to be the true 
meaning thereof. 

Alteration of StatiUes. 

53. A statute made by the Commissioners for the University Power for 
or for a Hall shall, after the cesser of the powers of the Commis- University to 
sioners, be subject to alteration from time to time by statute made gibers statites. 
by the University under this Act and not otherwise. 

But where and as far as a statute made by the Commissioners 
for the University affects a College, the same shall not be subject 
to alteration under this section, except with the consent of the 
College. 

54. A statute made by the Commissioners for a College, and any power for Col- 
statute, ordinance, or re^gulation made by or in relation to a College leges to alter 
under any authority other than that of this Act, shaU, after the ^S^i*"''''''" 



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246 Ch. 48. Unweraitiea of Oxford and Cambridge. 40 & 41 Vict, 

cesser of the powers of the Commissioners, be subject to alteration 
from time to time by statute made by the College under this Act 
and not otherwise^ the same being passed at a general meeting of 
the Governing Body of the College, specially summoned for this 
purpose, by the votes of not less than two thirds of the number of 
persons present and voting. 

But where and as far as a statute made by the Commissioners for 

a College aifects the University, the same shall not be subject to 

alteration under this section except with the consent of the 

University. 

Confirmation 55, Every statute made by the University or a College under 

or disallowance either of the two next preceding sections of this Act shall be 

8tatut^°^ submitted to the Queen in Council, and be proceeded on and have 

effect as if it were a statute made by the Commissioners, with the 

substitution only of the University or the College for the Conmiis- 

sioners in the provisions of this Act in that behalf. 

Reference of other Statutes to Universities Committee. 

Statutes await- 58, Every statute, ordinance, and regulation made as follows ; 
ing submission namely, 

Council, or (1) Every statute, ordinance, and regulation made by or in 

made before relation to the University or a College under any former 

of^JiS^t"^*" Act before the passing of this Act, and required by any 

sioners. former Act to be submitted to the Queen in Council, but 

not so submitted before the 'passing of this Act ; and 
(2.) Everv statute, ordinance, and regulation made by or in 
relation to the University or a College under any former 
Act after the passing of this Act, and before the cesser of 
the powers of the Commissioners, and required by any 
former Act to be submitted to the Queen in Council ; and 
(3.) Every statute, ordinance, and regulation made by or in 
relation to a College under any former Act or any ordinance 
since the first day of January one thousand eight hundred 
and seventy-seven, and before the passing of this Act, 
shall, in lieu of being submitted to the Queen in Council under and 
according to any former Act or any ordinance, and whether or not 
a submission to the Queen in Council is required under any former 
Act or any ordinance, be, with the consent of the Commissioners 
in writing under their seal, but not otherwise, submitted to the 
Queen in Council under this Act, and be proceeded on as if it were 
a statute made by the Commissioners, with the substitution only of 
the University or the College for the Commissioners in the provi- 
sions of this Act in that behalf ; and the same, if and as far as it 
is approved by Order in Council under this Act, shall have effect as 
if it had been submitted and proceeded on under any former Act or 
any ordinance. 

Tests, 
slaving for 57. Nothing in this Act shall be construed to repeal any provision 

34 & ^""vicu ^^ *^® Universities Tests Act, 1871. 

c. 26. 58. Where the Commissioners, by any statute made by them, 

Opemtion of ^^^^^ ^^ endow an office declared by them in the statute to require 
Tests Act as. in the incumbent thereof the possession of theological learning, 
regards new which (notwithstanding anything in this Act) they are hereby 



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1877. Univ&raities of Oxford and, Gcurhhridge. Oh. 48. 247 

empowered to do, provided the office be not a headship or fellow- theological 
ship of a College, then the Universities Tests Aot, 1871, shall, with gf ^•- y 
reference to that office, be read and have effect as if the statute ^^ 26. 
had been made before and was in operation at the passing of thid 
Universities Tests Act, 1871. 

59. The Commissioners, in statutes made by them, shaJl make Provision for 
provision, as far as may appear to them requisite, for the due fulfil- J^^on imd 
ment of the requisitions of sections five and six of the Universities worship in 
Tests Act, 1871 (relating to religious instruction and to morning pursuance of 
and evening prayer in Colleges) ; but, except for that purpose, ^^^*® ^®*' 
they shall not, by a statute made by them, endow wholly or in 

part an office of an ecclesiastical or theological character by means 
of any portion of the revenues or property of the University or 
a College not forming, when the statute comes into operation, the 
endowment, or part of the endowment, of an office of that character, 
and in any statute made by them, shall not make directly,- or 
indirectly through the consolidation or combination of any office 
or emolument with any other office or emolument, whether in the 
University or in a College or Hall, the entering into holy orders 
or the taking of any test a condition of the holding of any office 
or emolument existing at the passing of this Aot to which that 
condition is not at the passing of this Act attached. 

Louad* 

60. A license to aliene or to take and hold in mortmain shall License in 
be and be deemed to have been unnecessary in respect of a purchase, mortmain un- 
made before or after the passing of this Act, by the University or p^chlsS ^^ 
a College of land situate within a district or place described or under Uni- 
named in, and required for any purpose mentioned in, the following versity Acts, 
enactments respectively : . 

Section four of the Oxford University Act, 1857 : c. 25. 

Section fifty-one of the Cambridge University Act, 1856, 19 & 20 Vict. 

c. 88. 

Electoral Roll, Carribridge. 
Ql. No objection to the list of members of the Electoral Roll Notice of 
of the University of Cambridge, promulgated in accordance with to^E^ectoral 
section seven of the Cambridge University Act, 1866, made on the Roll to be 
ground of any person being improperly placed on or omitted from given, 
that list, shall be entertained unless notice of it is given in writing 
to the Vice-Chancellor at least four days before the day for publicly 
heariDg objections to that list ; and the Vice-Chancellor shall, at 
least two days before such day, cause to be promulgated a list of 
all the objections of which notice has been given. 

THE SCHEDULE. 

Short Titles for former Acts. 
Oxford. 

17 & 18 Vict. c. 81.— An Act to make further The Oxford University 
provision for the good government and ex- Act, 1854. 
tension of the University of Oxford, of the 
Colleges therein, and of the College of Saint 
Maiy, Winchester. 



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248 Ch. 48, 49. Univeraities of Oxford and Ga/mbridge. 40 & 41 Vict- 

19 & 20 Vict. c. 31.— An Act to amend the Act The Oxford University 

of the seventeenth and eighteenth years of Act» 1856. 
Her Majesty concerning the University of 
Oxford and the College of Saint Mary, 
Winchester. 

20 & 21 Vict. c. 25, — An Act to continue the The Oxford University 

powers of the Commissioners under an Act Act, 1 867. 

of the seventeenth and eighteenth years of 

Her Majesty concerning the Univeraity of 

Oxford and the College of Saint Mary, 

Winchester, and further to amend the said 

Act. 
23 & 24 Vict. c. 91. — ^An Act for removing douhts The Oxford University 

respecting the Craven Scholarships in the Act, 1860. 

University of Oxford, and for enabling the 

University to retain the custody of certain 

testamentary documents. 
32 & 33 Vict, c 20.— An Act to remove doubts The Oxford University 

as to the validity of certain statutes made Statutes Act, 1869. 

by the Convocation of the University of 

Oxford. 

Cambbidgs. 

19 & 20 Vict. c. 88.— An Act to make further The Cambridge Univer- 
provision for the good government and ex- sity Act, 1856. 
tension of the University of Cambridge, of 
the Colleges therein, and of the College of 
King Henry the Sixth at Eton. 



CHAPTER 49. 

An Act to amend the Law relating to Prisons in Ireland. 

, .j,3f [14th August 1877.] 

Mlt*^^V^'^.(^. T^^ i^ enacted by the Queen^s most Excellent Majesty, by and 

J-^ with ihe advice and consent of the Lords Spiritual and 

Temporal, and Commons, in this present Parliament assembled, and 

-by the authority of the same, as follows : 

Preliminary. 
Short tide. 1, This Act may be cited as " The General Prisons (Ireland) Act, 

1877." 
Extent of Act 2. This Act shall extend to Ireland only. 

InterpretatioD 3. In this Act, 

of terms. Th^ ^m^ « Lord Lieutenant " shall mean the Lord Lieutenant, 

or other chief governor or governors of Ireland for the time 

being: 
The term ''Privy Council" shall mean Her Majesty's Privy 

Council in Ireland : 
The term " county " shall extend to and include county of a dty, 

county of a town, city and county, city, and town : 
The term " grand jury " shall, as regards any borough,, the town 

council of which is authorised to make presentments for the 

prisons thereof, include such council : 
The term " assizes " shall include presenting term : 
The term " treasurer of the county " shall include any person 

or persons or bank performing duties nualogous to those of the 



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1877. Prisona {Irdand). Ch. 49. 249 

"treasurer of the county" in any county, and in the applica- 
tion of this Act to the county of Dublin it shall include the 
finance committee : 

The term " secretary to the grand jury " shall, as regards any 
borough the town council of which is authorised to make 
presentments for the prisons thereof, include the town clerk : 

The term ** Prisons Acts" shall mean the Act passed in the 
session of Parliament held in the seventh year of the reign of 
King George the Fourth, chapter seventy-four, intituled " An 
" Act for consolidating and amending the Laws relating to 
" Prisons in Ireland" and the Acts altering, amending, or 
affecting the same : 

The term ** ordinary prison" shall mean any gaol, district 
bridewell, bridewell, and prison under the Prisons Acts : 

The term " Convict Prisons Acts '* shall mean the Act passed in 
the session of Parliament held in the seventeenth and eighteenth 
years of the reign of Her present Majesty, chapter seventy- 
six, intituled "An Act for the formation, regulation, and 
" government of Convict Prisons in Ireland," and the Acts 
altering, amending, or affecting the same : 

The term " convict prison " shall mean any prison under the 
control and management of the directors of convict prisons for 
Ireland under the Convict Prisons Acts : 

The term "prison "shall include convict prison and ordinaiy prison: 

The term " prisoner " for the purposes of this Act means any 
person committed to prison on remand or for trial, safe custody, 
punishment, or otherwise ; and the term " maintenance of a 
prisoner " includes all necessary expenses incurred in respect of 
a prisoner for food, clothing, and custody ; and also for his 
safe conduct and removal from one place of confinement to 
another from the period of his being received into prison, on 
committal for trial, or on siunmary conviction, until his death 
or discharge from prison ; with this proviso, that nothing in 
this Act shall exempt a prisoner from payment of any costs or 
expenses in respect of his conveyance to prison or otherwise 
which he would have been liable to pay if this Act had not 
been passed : 

The term "governor " shall inchide the gaoler or keeper of any 
prison: 

The term " medical officer " shall include surgeon and physician : 

The term " property " shall include things in action and rights of 

action : 8 & 9 V t 

The term " Lands Clauses Acts " shall mean the Lands Clauses ^ ig. ^^ ' 
Consolidation Act, 1845, as the same is amended by the Lands 23 & 24 Vict. 
Clauses Consolidation Acts Amendment Act, 1860 ; the Rail- \}^:^ tr. 
ways Act (Ireland), 1851 ; the Railways Act (Ireland), 1860 ; ^^ 70. '^** 
the Railways Act (Ireland), 1864 ; and the Railway Traverse 23 & 24 Vict. 

^^^* 27 & 28 Vict. 

PART L c. 71. 

General Prisons Board. 
4. A board shall be established to be called " The General Prisons Establishment 
Board for Ireland " (in this Act referred to as '' the General Prisons pri^^g S^ard. 



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250 



Ch. 49, 



Prisons (Irelamd). 



40 & 41 ViOT. 



Appointment 
of officers. 



Salaries. 



Abolition of 
office of in- 
spector general, 
director of 



Board "), and such board shall consist of a chairman, a vice-cbairmaQ, 
and not more than two other members, to be appointed by the 
Lord Lieutenant by warrant and to hold office during the pleasure 
of the Lord Lieutenant, and such board shall, subject to such 
directions as they may from time to time receive from the Lord 
Lieutenant and to the provisions of this Actj have the control and 
management of all prisons and of all prisoners therein, and may 
make contracts and do all other acts necessary for the maintenance 
of such prisons and the prisoneru therein. The Greneral Prisons 
Board shall defray the expenses incurred in the performance of the 
various duties hereby committed to them out of such moneys as 
may be provided by Parliament for such purposes respectively. 

Whenever from time to time any vacancy upon the General Prisons 
Board shall occur by reason of the death, removal, or resignation 
of any member thereof, or otherwise, the Lord Lieutenant may by 
the like warrant appoint some other fit person to fill such vacancy. 

Any one member of such board may also hold the appointment 
of inspector of industrial and reformatory schools. 

The members of the said board so appointed, and their successors, 
shall, by the name of " The General Prisons Board for Irdand," be 
a body corporate, with a common seal, and with power to acquire 
and hold land without license in mortmain so far as may be 
necessary for the purposes of this Act. 

The General Prisons Board shall be deemed to be established from 
and after the date of the first appointment of the chairman of the 
same under this Act, which period is in this Act referred to as the 
** commencement of this Act," and, except where otherwise expressly 
provided, the provisions of this Act sb^ from and after such period 
come into operation and have efiect. 

Any act or thing required or authorised to be done by the 
General Prisons Board may be done by any one or more members 
of the board as the Lord Lieutenant may direct ; and the said 
board shall, in the exercise of their powers and jurisdictions under 
this Act, conform to any directions which may from time to time 
be given them by the Lord Lieutenant. 

No act or proceeding of the General Prisons Board shall be invali- 
dated or be illegal in consequence only of there being any vacancy 
on such board at the time of such act or proceeding. 

5. The Lord Lieutenant may from time to time, with the approval 
of the Commissioners of Her Majesty's Treasury, appoint such in- 
spectors, officers, clerks, and servants as he may deem necessary 
for the purpose of assisting the General Prisons Board in the 
performance of their duties under this Act, and the Lord Lieutenant 
may from time to time remove such inspectors, officers, clerks, and 
servants as and when he shall think fit. 

6. There shall be paid, out of moneys provided by Parliament, 
to the chairman, vice-chairman, and members of the General Prisons 
Board, and to the inspectors, officers, clerks, and servants appointed 
under this Act respectively, such salaries as the Lord Lieutenant 
may, with the consent of the Treasury, determina 

7. From and after the commencement of this Act the offices fol- 
lowing ; that is to say, 

Of inspector general of prisons under the Prisons Acts; 



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1877. Piieona (Irelamd). Ch. 49. 251 

Of director of convict prisons under the Convict Prisons Acta ; convict prisons, 
Of registrar of criminak under the Prevention of Crimes Act, *°^ registrar 

•10*7^ of cnminals. 

shall be and the same are hereby abolished, and the persons at c. 112/ ^^' 
such time holding such offices shall cease to hold the same respec- 
tively. 

The Corporation of Directors of Convict Prisons for Ireland is 
hereby dissolved. 

8. In case any person who immediately before the commence- Superannua- 
ment of this Act shaU hold the office of inspector general of Jj^^^'' ^^^^P^^" 
prisons or director of convict, prisons shall be appointed a member prisons and 
of the General Prisons Board, the time during which such person director of con- 
shaU have served in such office of inspector general or director of ^°* P™®"»- 
convict prisons shall be taken into account in reckoning, for the 

purpose of superannuation, the period of his service on the Qeneral 
Prisons Board ; and in case any such person shall not be so ap- 
pointed, or shall refuse such appointment if tendered to him, he 
shall be entitled to such superannuation allowance or compensation 
as the Commissioners of the Treasury shall fix and determine, and 
as may be granted imder the provisions of the Superannuation Act, 22 Vict. c. 26. 
1859, to a person retiring or removed from the public service in 
consequence of the abolition of ^ his office, or for the purpose of 
facilitating improvements in the organisation of the department to 
which he belongs. 

9. From and afber the commencement of this Act all powers. Transfer to 
jurisdictions, and duties at such time vested in or imposed upon the General Pri- 
inspectors general of prisons under the Prisons Acts, the directors powers^of in^ 
of convict prisons under the Convict Prisons Acts, and the registrar spectors gene- 
of criminals under the Prevention of Crimes Act, 1871, shall be ^o^ prisons, 
tranaferred to and imposed upon the General Prisons Board, who con^ctpri- 
shall, subject to the control of the Lord Lieutenant, exercise and sons, &c. 
perform the same in such manner as may be prescribed by this ^^fi^^ ^^^' 
Act, and in the absence of express provisions, and so far as any 

such provisions shall not extend, in like manner and subject to the 
same conditions as near as may be as the said inspectors general 
of prisons, directors of convict prisons, and registrar of criminals 
might, but for the passing of this Act, have exercised and performed 
the same. All the business which previously to the commencement 
of this Act was performed and transacted in the several offices of 
the inspectors general of prisons, of the directors of convict prisons, 
and of the registrar of criminals respectively, shall be performed 
and transacted in the office of the Qeneral Prisons Board. 

10. Whereas it is expedient that the establishment of the General New establish- 
Prisons Board should in the first instance be formed of persons who, ^^^^ ^^^ 
immediately before the commencement of this Act, shall be em- ^^^ ™ 
ployed in various capacities in the several offices of the inspectors 

general of prisons, of the directors of convict prisons, and of the 
registrar of criminals respectively ; therefore the establishment of 
the General Prisons Board shall be at first formed out of the 
establishments of the said offices in such manner as the Lord Lieu- 
tenant may direct and the Commissioners of Her Majesty's Treasury 
may approve ; and no fresh appointment to such establishment 
shall be made so long as the duties can be provided for by the 



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252 



Ch. 49. 



Prisons (JreUmd). 



40 & 41 Vict. 



22 Vict. c. 26. 



Powers of 
board and 
inspectors 
to summon 
witnesses. 



General Pri- 
sons Board to 
make rules 
with respect 
to prisons. 



recall to active service of any person who, having been on the 
establishment of any of the said offices, may be or may hereafter 
be placed on the compensation list. The Lord Lieutenant may, 
with the consent in each case of the Commissioners of Her Majesty's 
Treasury, appoint any of such persons whom he shall think fit, 
having regard to the absolute length of service and the relative 
seniority and the previous duties of each such person, to a position 
in the office of the General Prisons Board, involving duties the 
same as or analogous to those previously performed by such person. 

Any such person who shall decline to accept any position tendered 
to him as aforesaid, of which the salary shall not be less than that 
enjoyed by him at the time of such tender^ shall, if in a competent 
state of health for the discharge of the duties of such position, and 
if under sixty years of age, be deemed to have resigned his office, 
and shall not be entitled to the grant of any superannuation 
allowance or compensation, and any such person to whom no such 
position shall be tendered shall be entitled to such superannuation 
allowance or compensation as the Commissioners of Her Majesty's 
Treasury shall fix and determine, and as may be granted under the 
provisions of the Superannuation Act, 1859, to a person retiring or 
removed from the public service in consequence of the abolition of 
his office, or for the purpose of facilitating improvements in the 
organisation of the department to which he belongs. 

U. Every member of the General Prisons Board and every 
inspector appointed under this Act may by summons under his 
hand require the attendance of all such persons as he shall think fit 
to call before him, \ipon any matter connected with the execution 
of this Act, at such time and place as shall be set forth in such 
summons, and may make inquiry and require returns, and may admi- 
nister oaths and examine all such persons on oath, and may require 
and enforce the production upon oath of books, contracts, agree- 
ments, accounts, and other documents in anywise relating to any 
such matter: Provided always, that no person shall be required, 
in obedience to any such summons, to go more than twenty statute 
miles from the place of his abode : Provided also, that nothing 
herein contained shall empower any member of the General Prisons 
Board or any inspector to require the production of the title or any 
papers or deeds relating to the title of any lands, tenements, or 
hereditaments not being property vested in the Gteneral Prisons 
Board. 

Every person who upon any examination under the authority of 
this Act shall wilfully give false evidence, or wilfully make or sub- 
scribe a false declaration, shall be guilty of perjury ; and every 
person who shall refuse or wilfully neglect to act in obedience 
to any such summons, or to give evidence, or who shall wilfully 
alter, suppress, conceal, destroy, or refuse to produce any books, 
contracts, agreements, accounts, or other documents which may be 
required to be produced for the purposes of this Act to any person 
authorised by this Act to require the production thereof, shall be 
deemed guilty of a misdemeanor. 

12. The General Prisons Board may,^subject to the approval of 
the Lord Lieutenant and Privy Council, from time to time after 
the commencement of this Act, by rules to be made in manner 



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1877. Prisons {IreUmd). Ch. 49. 253 

herein-after prescribed, alter or repeal the byelaws in force for the 
time being for the regulation of any prison and for the duties 
and conduct of the governor and other officers of the said prison, 
and for the classification, diet, clothing, maintenance, employment, 
instruction, discipline, and correction of all persons confined therein, 
and may repeal rules so made and may make new rules instead 
tbei-eof. 

No rule shall be made by the General Prisons Board incon- 
sistent with any of the regulations contained in the one hundred 
and ninth section of the Act of the seventh year of the reign of 
King George the Fourth, chapter seventy-four, 

13. Whereas it is expedient that a clear difierence shall be made Special rules 
between the treatment of persons unconvicted of crime and in law ^ *® ^"^^^t^S* 
presumably innocent during the period of their detention in prison pngonenand 
for safe custody only, and the treatment of prisoners who have certain other 
been convicted of crime during the period of their detention in P^onere. 
prison for the purpose of punishment, and that, in order to secure 

the observance of such difference, there shall be in force in every 
place in which prisoners are confined for safe custody only, special 
rules regulating their confinement in such manner as to make it 
as little as possible oppressive, due regard only being had to their 
safe custody, to the necessity of a conformity to regular rules for 
the purpose of preserving order and good government in the place 
in which they are confined, and to the physical and moral well- 
being of the prisoners themselves ; therefore be it enacted, that the 
General Prisons Board shall, subject to* the approval of the Lord 
Lieutenant and Privy Council, make, and when made may from 
time to time repeal, alter, or add to, special rules : 

(1.) With respect to the retention by a prisoner of the possession 
of any books, papers, or documents in his possession at the 
time of his arrest, and which may not be required for 
evidence against him, and are not reasonably suspected of 
forming part of property improperly acquired by him, or 
are not for some special reason required to be taken from 
him for the purposes of justice ; 
(2.) With respect to communications between a prisoner, his 
solicitor, and friends, so as to secure to such prisoner as 
unrestricted and private communication between him, his 
solicitor, and his friends as may be possible, having regard 
only to the necessity of preventing any tampering with 
evidence, and any plans for escape, or other like consideiu- 
tions; and 
(3.) With respect to arrangements whereby prisoners may provide 
themselves with articles of diet, or may be furnished with 
a sufficient quantity of wholesome food, and may be pro- 
tected from being called upon to perform any unaccustomed 
tasks or offices ; also any matter which the General Prisons 
Board may think conducive to the amelioration of the 
condition of a prisoner who has not been convicted of 
crime, regard being had to such matters as are in this 
section directed to be regarded. 

14. The General Prisons Board may, subject to the approval of ^^^^ " *® 
the Lord Lieutenant and Privy Council, from time to time make, p^^g'oon- 



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26i 

fined for non- 
payment of 
sums adjudged 
by justices to 
be paid. 



Board to make 
reports. 



CH. 49. 



Prisone {Irela/nd). 



40 & 41 Vict. 



Useful trades 
and indoBtries 
in prisons. 



and when made repeal, alter, or add to, rules with respect to the 
classification and treatment of prisoners imprisoned for non-com- 
pliance with the order of a justice or justices to pay any sum of 
money, or imprisoned in respect of the default of a distress to satisfy 
a sum of money adjudged to be paid by order of a justice or justices. 

16. The General Prisons Board shall, at such time or times as 
the Lord Lieutenant may appoint, make a report or reports to the 
Lord Lieutenant of the condition of the prisons and prisoners within 
their jurisdiction, and with respect to the registration of criminals ; 
and an annual report to be made by them with respect to every 
prison within their jurisdiction shall be laid before both Houses of 
Parliament. 

Such report shall include a yearly return of all punishments of 
any kind which may have been inflicted within each prison, and 
the offences for which such punishments were inflicted. 

So much of any Statute in force immediately before the time of 
the passing of this Act as would impose upon the General Prisons 
Board any obligation to make any report shall be and the same is 
hereby repealed ; and the several reports, in this section mentioned 
shall be in substitution for all the reports heretofore made by the 
inspectors general of prisons, the directors of convict prisons, and 
the registrar of criminisds respectively. 

16. Whereas it is expedient that the expense of maintaining in 
prison prisoners who have been convicted of crime should in part 
be defrayed by their labour during the period of their imprisonment, 
and that, with a view of defraying such expenses and also of 
teaching prisoners modes of gaining honest livelihoods, means should 
be taken for promoting in prison the exercise of and instruction in 
useful trades and manufactures, so far as may be consistent with a 
due regard on the one hand to the maintenance of the penal 
character of prison discipline, and on the other to the avoidance of 
undue pressure on or competition with a particular trade or industry : 
Be it enacted that the annual report of the General Prisons Board 
required by this Act to be laid before Parliament shall state the 
various trades and manufacturing processes carried on in each of 
the prisons" within their jurisdiction, and such statement shall 
contain such particulars as to the kind and quantities of, and as 
to the commercial value of the labour employed on, such trades and 
manufactures, and as to the number of prisoners employed, and 
otherwise, as may in the opinion of the Lord Lieutenant be best 
calculated to afford information to Parliament. 



Transfer of 
ordinary' pri 
sons to board. 



PART IL 

Tranafer a/ad, Ad/ministration of Prieons. 

17. On the first day of April one thousand eight hundred and 
seventy-eight all the estate and interest of any grand jury, commis- 
sioners, board of superintendence, board, or trustees in any lands, 
buildings, tenements, or hereditaments used as or appertaining to 
any prison, and in any property, real or personal, except goods 
manufactured for sale, and implements, tools, and materials in store 
for the purposes of such manufacture, belonging to or appropriated 
to the use of any prison or belonging to or vested in any grand 



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1877- Prisons {Ireland). Ch. 49. 252 

jury, commissioners, board of superintendence, board, or trustees in 
trust for prison purposes, shall be transferred to and shall vest in 
the General Prisons Board for the purposes of this Act, subject to 
any quitrents, head rents, or rents payable in respect of the same, 
but absolutely freed and discharged from all debts, liabilities, or 
engagements affecting the same, and from and after such first day 
of April one thousand eight hundred and seventy-eight every grand 
jury and county is hereby relieved from all and every obligation to 
provide and maintain prisons, and, save as by this Act otherwise 
provided, to provide for prisoners ; and thenceforth all powers of 
every such grand jury with respect to the presentment of public 
moneys or tbe making of rates for such purposes as aforesaid shall, 
save as by this Act otherwise provided, absolutely cease and 
determine. 

From and after the first day of April one thousand eight hundred 
and seventy-eight all boards of superintendence of prisons shall 
cease to exist as such, and thereupon all powers, jurisdictions, and 
duties at such time vested in or imposed upon grand juries and 
boards of superintendence, or any members of them as justices or 
otherwise, with respect to prisons or the maintenance thereof or 
the persons confined therein, shall be transferred to and vested in 
the General Prisons Board, who shall exercise and perform the 
same, in like manner and subject to the same conditions, as near as 
may be, as such grand juries and boards of superintendence respec- 
tively might, but for the passing of this Act, have exercised and 
performed the same. 

18. Where for the purpose of enlarging, improving, or building ^^wer to un- 
any prison it shall be necessary to acquire any lands, the General a^^bml"new 
Prisons Board, with the consent of the Commissioners of Her ones. 
Majesty's Treasury, may enter into agreements for the acquirement 

of such lands or take such lands without entering into such agree- 
ments, and for the pui-poses aforesaid there shall be incorporated 
with this Act the Lands Clauses Acts ; and in the said last-men- 
tioned Acts the terms "the promoters of the undertaking" and 
*• the company " shall for the purpose of such incorporation be 
deemed to mean the General Prisons Board, and the terms " the 
undertaking " and " the railway *' used therein shall, when neces- 
sary, be deemed to mean the works the General Prisons Board are 
about to execute : Provided always, that the General Prisons Board 
shall not, except in respect of lands contiguous to a prison, and 
required for the purpose of enlarging a prison or rendering it more 
commodious or safe, put in force the provisions of the said Acts 
with respect to the purchase of land otherwise than by agreement. 

19. All works, matters, and things necessary for the mainte- Control of 
nance, repair, rebuilding, enlargement, and improvement of build- ^^^JJ, ^ 
ings, lands, and premises by this Act transferred to and vested in 

or placed under the control of the General Prisons Board, or for the 
buUding of new prisons, shall be executed and done by the General 
Prisons Board according to such general rules as the Commissioners 
of Her Majesty's Treasury may from time to time make ; and except 
in accordance with such rules no such works, matters, or things 
shall be commenced, executed, or done without the special sanction 
of the Commissioners of Her Majesty's Treasury. 



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256 

Grand juries 
and boards of 
superinten- 
dence to dis- 
charge duties, 
&c. unril Ist 
April 1878. 



Ch. 49. 



Prisons {Irekmd). 



40 & 41 Vict. 



Amendment of 
14 & 15 Vict, 
c. 85. 8. 4. and 
81 & 82 Vict, 
c. 59. s. 15. 
as to payment 
of certain 
expenses. 



20. Nothing in this Act contained shall be construed to alter or 
affect the duties and liabilities of grand j uries or boards of superin- 
tendence with respect to prisons, or the maintenance thereof, and 
of the prisoners confined therein, until the first day of April one 
thousand eight hundred and seventy-eight, or with respect to the 
discharge of any debts due in respect thereof, or with respect to the 
repayment of moneys advanced on the faith of any presentment or 
presentments for the building, altering, or enlarging of prisons or 
otherwise with respect thereto; and up to that day they shall 
respectively perform all such duties and discharge such liabilities 
and keep all such prisons and all buildings connected thei'ewith in 
good and substantial repair, and up to and after such day until 
such debts and liabilities shall be discharged and such moneys shall 
be repaid, they shall pay off and satisfy all such debts and liabilities 
and pay all such moneys which, in the ordinary course, and but for 
this Act, should be by them paid or satisfied, and they shall provide 
for the payment or satisfaction of the same in like manner in every 
respect as if this Act had not been passed, and shall for such purpose 
make any and all presentments, and do all acts, matters, and 
things, and raise all moneys which may be necessary, and which, 
but for the passing of this Act, they should have made, done, or 
raised. 

Nothing in this Act contained shall affect any right or claim of 
any creditor of a grand jury or board of superintendence under any 
contract legally made or in inspect of any dealing legally had under 
the Pi-isons Acts and this Act before the first day of April one 
thousand eight hundred and seventy-eight, and as between such 
creditor and the grand jury or board of superintendence of which 
he is a creditor, such contract may be enforced in the same manner 
in all respects tis if thi^ Act had not been passed. 

Any contract made or obligation undertaken by any grand jury 
or town council with any other grand jury or town council for or 
in relation to the maintenance of any prison or prisoners, or any 
matter relating to such maintenance, shall be deemed to be deter- 
mined on and after the first day of April one thousand eight hundred 
and seventy-eight, without prejudice nevertheless to any liability 
incurred, or to any moneys which may have accrued due under or 
in respect to such contract or obligation, at or before the said first 
day of April one thousand eight hundred and seventy -eight. 

21. From and after the first day of April one thousand eight 
hundred and seventy-eight, the powers and duties vested in and 
imposed upon the several boards of superintendence by the fourth 
section of the Act of the session of Parliament held in the fourteenth 
and fifteenth years of the reign of Her present Majesty, chapter 
eighty-five, as amended by this Act, and by the fifteenth section of 
the Irish Reformatory Schools Act, 1868, as to the payment of the 
expenses mentioned in the said sections, shall be transferred to the 
grand jury by which each such board of superintendence was cus- 
tomarily appointed ; and the accounts prescribed by the said sections 
respectively shall be transmitted to the secretary of such grand jury 
at a reasonable time before each assizes ; and the said sections shall 
be read and construed as if the grand jury of each county were 
named therein instead of the board of superintendence. 



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1877. Prisons {Ireland). Ch. 49. 267 

22. Where any contract entered into under the authority of the ProTision as to 
Prisons Acts in which any grand ^'ury or board of superintendence ^^^*"*^^^°' 
is concerned is a continuous contract^ to be performed partly before 
and partly after the first day of April one tiiousand eight hundred 
and seventy-eight, such contract shall be deemed to be divisible^ 
and as to so much thereof as is performable before the said first day 
of April, shall create a debt or obligation to be discharged or per- 
formed by the grand jury or board of superintendence concerned 
therein, and as to so much thereof as is performable after the said 
first day of April, to create a debt or obligation to be discharged or 
performed by the General Prisons Board out of moneys provided by 
Parliament. 

28. The Commissioners of Public Works in Ireland shall, when Lock-ups. 
required by the Lord Lieutenant, provide and maintain, in con- 
nexion with all such constabulary barracks as the Lord Lieutenant 
shall order, such proper accommodation for the temporary detention 
of prisoners, being unconvicted or unsentenced prisoners, as the Lord 
Lieutenant shall direct. 

All moneys necessary for providing and maintaining such accom- 
modation as aforesaid shall in the first instance be voted by Paiiia- 
menty and shall be repaid by the several counties in Ireland in such 
manner as the Commissioners of the Treasury shall from time to 
time prescribe, and the same shall be raised by grand jury present- 
ment of each county to which the same shall be declared by the 
Lord Lieutenant to relate, and in such proportions as he shall think 
just. 

Visiting Committee of Justices. 

24. From and after the first day of April one thousand eight Vwiting oom- 
hundred and seventy-eight a visiting committee shall, at such time ™* 

in each year and in such manner ss the Lord Lieutenant shall by 
order from time to time prescribe, be appointed by the grand jury 
of every county for every prison the board of superintendence of 
which shall have been dissolved by this Act, consisting of such 
number of persons being justices of the peace as, having regard to 
the locality of such prison and to the class of prisoners to be 
confined in such prison, may from time to time be determined by 
the Lord Lieutenant. 

25. The Lord Lieutenant shall, on or before the fii-st day of Duties of yisit- 
April one thousand eight hundred afid seventy-eight, make and *°8 oommittee. 
publish, and may from time to time thereafter repeal, alter, or add 

to, rules with respect to the duties of a visiting committee, and 
such committee shall conform to any rules so made, and for the time 
being in force, but, subject as aforesaid, the members of such 
committee shall from time to time and at frequent intervals visit 
the prison for which they are appointed, and hear any complaints 
which may be made to them by the prisoners, and, if asked, shall 
do BO privately. They shall report on any abuses within the prison, 
and also on any repairs which may be urgently required in the 
prison, and shall further take cognizance of any matters of pressing 
necessity and within the powers of their commission as justices, 
and do such acts and perform such duties in relation to a prison 
as they may be required to do or perform by the Lord Lieutenant. 

[TIIB law KXrORTS.] R 



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858 Ch. 49. Pi-isona (Irekmdy 40 & 41 yiCT. 

Subject to the provisions of this Act, the visiting committee may 
exercise any powers vested at the time of the passing of this Act in 
the justices, or any one or more of them, being members of a board 
of superintendence under the Prisons Acts, with respect to the 
punishment of prisoners. Nothing in this Act, or in any rules to 
be made under this Act, shall restrict any member of the visiting 
committee for any prison from visiting the prison at any time, and 
any such member shall at all times have free access to every part 
of the prison and to every prisoner confined therein. 

The visiting committee shall report to the Lord Lieutenant any 
matters with respect to which they may consider it expedient, and 
shall report to the Lord Lieutenant as soon as may be, and in such 
manner as he may direct, any matter respecting which they may be 
required by ham to report. 
Power of entry 26. Section five of the Act passed in the session of Parliament 
•SStiSJ'or ^ ^^^^ ^ *^® seventh year of the leign of King Geoige the Fourth, 
the peace. chapter seventy-four, is hereby repealed, and instead thereof the 
7 G. 4. c. 74. following enactment shaU take effect, viz., Any justice of the peace 
having jurisdiction in the place in which a prison is situate, or 
having jurisdiction in the place where the offence in respect of 
which any prisoner may be confined in prison was committed, may, 
when he thinks fit, enter into and examine the condition of such 
prison, and of the prisoners therein, and he may enter any observa- 
tions he may think fit to make in reference to the condition of the 
prison or abuses therein in the visitors' book to be kept by the 
governor; and it shall be the duty of the governor to draw the 
attention of the visiting committee, at their next visit to the prison, 
to any entries made in the said book ; but he shall not be entitled, 
in pursuance of this section, to visit any prisoner under sentence 
of death, or to communicate with any prisoner, except in reference 
to the treatment in prison of such prisoner, or to some complaint 
that such prisoner may m^^ke as to such treatment. Nothing in 
this section shall apply to convict prisons. 

Status of Prison Officers, 

Position and 27. The ofiicers attached to prisons on the first day of April 

^^^'^ one thousand eight hundred and seventy-eight (in this Act referred 

prisons. to as existing officers of a prison) shall hold their offices by the same 

tenure, and upon like terms and conditions, as if this Act bad not 

passed, and i^all receive salaries of not less amount than those 

which they have hitherto received. 

Such existing officers as aforesaid (except all local inspectors, 
chaplains, medical officers, and apothecaries,) may be distributed 
amongst the several prisons to which this Act applies in such 
manner as may be directed by the General Prisons Board, and all 
such officers shall perform such duties as they may be required to 
perform by the said General Prisons Board, so that such duties are 
the same or analogous to those they performed previously to the 
commencement of this Act, and, subject as aforesaid, they shall 
perform the same duties as nearly as may be as they shall be per- 
forming at the said date. 

An existing officer of a prison who is at the commencement of 
this Act in the receipt of military or naval half-pay, or who has, at 



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18T7. Priaona (Ireland). Oh. 49. 969 

or before suob oommeneement as aforesaid, oommuted his pension in 
pursuance of tbe Pensions Commutation Act, 1871> or is in receipt 44 ^ 35 Ylot 
of any pension pi^yabJe out of public moneys, shall not be subject ^ *®- 
to any deduction from his salary, or to be deprived of any portipn 
of his hftlf-pay, or of his pension, by reason of his salary being 
thenceforward paid out of public moneys, or of his employment 
becoming a. public employment, or an employment of profit under 
Her Majesty, within the meaning of the Acts of Parliament pro- 
viding for such deduction of salary or deprivation of half-pay, nor be 
disqualified from reoeiying such half-pay or pension by reason of 
his becoming by virtue of this Act a civil servant of Her Msgesty. 

Fropa aad aA^er th^ fiist day of April one thousand eight hundred 
and seventy-eight, no surgeon of the infirmary of any county shall 
be bound or required as a condition precedent to the making of any 
preseiitmeot for bis salary as such surgeon under the provisions 
of the eighty-rsixtb section of the Act of the session of Parliament 
hold^n in t^e sixth and seventh years of the reign of His late 
Majesty King William the Fourth, chapter one hundred and sixteen, 
to give bis Sittendauoe or assistance to the prisoners or others in 
the g^l of such county ; but no such surgeon ohaU be entitled, save 
as provided by section thirty-four of this Act, to fljiy compensation, 
gratuity, or allowance whatever by reason of the discontinuance of 
any attendance or assistance ^t any gaol which, but for the passing 
of this Act, he would hftve been bound to give as a condition prece^ 
dent to the making of a presentment to him for his salary as surgeon 
to the county infirmary imder the provisions of the said section. 

28* From and after the first day of April one thousand eight Appointment, 
hundred and 8eventy-^ight every governor, matron or female super- '^"®> "*d 
intendent, chaplain, and medical officer of a prison shall be appointed offi^s^ 
by the Lord Lieutenant ; every other officer and servant of a prison 
shail be appointed by the General Prisons Board, subject to the 
^proval of the Lord Lieutenant, Every such appointment, except 
those of chaplain and medical officer, shall be for general prison 
service ; and every such officer and servant shall hold his office or 
situiltion during th^ pleasure of the Lord Lieutenant, and shall 
receive rnxoU salary as the Lord Lieutenant,, with the consent of the 
Commissioners of Her Majesty's Treasury, shall from time to time 
*pp<»ntv 

29. Whenever any officer or servant of any prison is suspended, Removal of 
removed from, or resigns his office, or departs this life, the officer g^^J^^^ 
or servant so suspended, removed, or resigning, and his family, and apartments.™ 
the family of every such deceased officer or servant, shall quit the 
possession of any house or apartments in or belonging to such 
prison in which he or they shall have previously resided by virtue 
of such office when required so to do by notice in writing from the 
General Prisons Board ; and if he or th^ refuse pr neglect to give 
sueli possession within forty-eight hours after the service of such 
notice, any justice of the peace, upon proof made to him of such 
i^emoval, resignation, or death, and of the service of such notice, and 
of such neglect or refusal to comply therewith, may, by warrant, 
direct any constable, within a period therein named, to enter by 
force, if neceaaary, into such premises, and deliver possession thereof 
to the General Prisons Board, or to any person appointed by them. 

R 2 

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260 Ch. 49. Prisom (Ireland). 40 & 41 Vict. 

Power to alter Condition of Prisons and to close Prisons. 
Power to Lord 80. From and nfter the first day of April one thousand eight 

Lieutenwat u> jj^ndred and seventy-eiffht the Lord Lieutenant may by order firom 
alter legal con- ..... i ® . • j» x ^i. x 

ditiop of time to time dose any prison or prisons, or may direct that any 

prisons. prison shall be a legal place of confinement only for certain classes 

of prisoners specified in such order, and that any part of the same 
shall be closed : Provided that in every county there remain one 
prison, unless the Lord Lieutenant otherwise order for special 
reasons to be stated in his order. 

Whenever the Lord Lieutenant shall have made any such order, 
a prison or prisons shall be named in such order to which prisoners 
who but for such order would have been confined in the prison so 
wholly or in part closed, shall be removed or committed, and in 
which they shall be kept in custody, and any such substituted 
prison shall thenceforth and so long as such order is in force, for all 
purposes relating to the committal, detention, trial, and punishment 
of the prisoners so removed and of the prisoners committed thereto 
in pursuance of this section, be deemed to be a legal place of 
confinement, and such prisoners shall, during removal to and duinng 
such time as they shall be in such substituted prison, be deemed to 
be in the proper legal custody in every respect, and no such removal 
shall be deemed an escape. 

Every order of the Lord Lieutenant made under the provisions 
of this section whereby the only prison in any county shall be 
directed to be closed, shall be laid before both Houses of Parlia- 
ment forthwith, if Parliament be sitting at the time of the order 
being made, or if not then sitting, within one month after the 
commencement of the then next session of Parliament. 
Disposal of 31. Whenever, in pursuance of any such order as aforesaid, any 

ortinary prison pjiaon shall be closed, all the estate and interest therein of the 
prison isciosecl. GeBieral Prisons Board shall, at the expiration of a period of twelve 
months from the date of such order, be deemed to be re-transferred 
to and shall vest in the grand jury, commissioners, board, or trustees 
from whom the same was transferred to the General Prisons Board 
by this Act, and may thereafter be sold or disposed of in the manner 
and subject to the conditions prescribed by the Prisons Acts with 
respect to old gaols and prisons : Provided always, that in case 
any such prison, or any part thereof that may have been closed, 
shall before the expiration of such period of twelve months be 
required for the purposes of a reformatory, industrial school, lunatic 
asylum, constabulary barrack, lock-up, or any other public purpose 
whatsoever, the General Prisons Board may, with the consent of the 
Commissioners of Her Majesty's Treasury, and subject to the pro- 
visions of this Act and to such conditions as the General Prisons 
Board shall approve, allow the same to be used for any of such 
purposes, and in such case the estate and interest of the General 
Prisons Board therein shall, so long as such user shall continue, 
and until the expiration of a period of twelve months after the dis- 
continuance of each user, remain vested in the General Prisons 
Board ; and shall, at the expiration of such period^ be deemed to 
be re-transferred to, and shall vest in, and may be sold or disposed 
of by such grand jury, commissioners, board, or trustees as are 
above mentioned in the manner aforesaid. 



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1877, Priaans (Ireland). Ch. 49. 261 

SnperannuatioTL 

32. If at any time after the first day of April one thousand eight Saperannua- 
hundred and seventy-eight it appears to the Commissioners of Her *^®^ ^JLS%a*" 
Majesty's Treasury that any existing officer of a prison who was, ^offices. ^° 
within the meaning of the Prison Officers (Ireland) Superannuation se & 37 Vict 
Act, 1873, an officer of any prison, has been in the prison service c. 6i. s. 4. 
for not less than twenty years, and is not less than sixty years of 
nge, or that any such person has become incapable, from confirmed 
sickness, age, or infirmity, or injury received in actual execution 
of his duty, of executing his office in person, and such sickness, 
age, infirmity, or injury is certified by a medical certificate, and 
there shall be a report of the General Prisons Board testifying to 
his good conduct during his period of service under them, and 
recommending a grant to be made to him, the Commissioners of 
Her Majesty's Treasury may grant to such officer, having regard to 
his length of prison service, an annuity, by way of superannuation 
allowance, not exceeding two thirds of his salary and emoluments, 
or a gratuity not exceeding the amount of his salary and emolu- 
ments, for one year. 

Any such officer of a prison who by reason of the abolition of 
his office, or of his compulsory retirement or removal, is deprived 
of any salary or emoluments, shall be dealt with in manner pro- 
vided by the Superannuation Act, 1859, with respect to a person 22 Vict. c. 26, 
retiring or removed from the public service in consequence of the 
abolition of his office, or for the pmrpose of facilitating improve- 
ments in the organisation of the department to which he belongs. 

"Prison service," for the purposes of this section, means, as 
respects the period before the first day of April one thousand 
eight hundred and seventy-eighty service in the ordinary prison or 
prisons of the county in which the officer to be superannuated shall 
be serving at the time of his ceasing to hold office, and as respects 
the period after the said first day of April one thousand eight 
hundred and seventy-eight, service in any such prison or in any 
other piison. 

Any annuity by way of superannuation allowance or gratuity 
granted under this section shall be apportioned between the period 
of service before the said first day of April one thousand eight 
hundred and seventy-eight and the period of service after the said 
day ; and so much of such annuity or allowance as is payable in 
respect of service before the said day, regard being had to the 
amount of salary then paid, but without taking into account any 
number of years added to the officer's service on account of abolition 
of office, or for facilitating the organisation of the department, 
shall, without application to presentment sessions, or other prelimi- 
naries, be presented and paid to the person entitled thereto by 
the grand jury of the county by which the prison in which such 
person was serving immediately before the said first day of April 
one thousand eight hundred and seventy-eight was at such time 
maintained, and the residue shall be paid out of moneys provided 
by Parliament No annuity or gratuity shall be granted under the 
provisions of this Act to any person whose appointment, at the 
time of his retirement or removal from office, shall not have been 
duly confirmed in pursuance of the provisions of the Prisons Acts. 



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2M 

Superannua- 
tion of medicttl 
officers. 
36 ft S7 Viet* 
c. 51. 



CH. 4&. 



Prieons (IrelaTid), 



40 & 41 Vid*. 



Conditions to 
be observed 
in granting 
superannua- 
tions. 



33. The provisions of the Prison Officers Superannuation Qre- 
land) Act, 1873, which relate to medical officers of prisons, uiall, 
in the case of any medical officer who shall be also surgeon to 
any county infirmary, and who shall have given his attendance 
and professional assistance, whether with or without remuneration, 
to the prisoners or others in any prison up to the first day of April 
one thousand eight hundred and seventy-eight, and whose furUier 
attendance or assistance at such prison shall at any time there- 
after cease to be reqidred, apply to such medical officer on the 
occasion of his retiring from the office of surgeon of the county 
infirmary^ as fully as the same would have applied if such medical 
officer had continued to give his attendance and professional assist- 
ance at such prison up to the time of his retirement firom the office 
of surgeon of the county infirmary. 

34. In case any person enjojdng any superannuation aUowanoe 
or compensation upon the abolition of office under the authority of 
this Act shall be appointed to fill any office remunerated wholly 
or partly out of lo<»l rates, or any office in any public department, 
every such allowance or compensation shall cease to be paid for any 
period subsequent to such appointment, if the annual amount of the 
profits of the office to which he shall be appointed shall be equal 
to those of the office formerly held by him, and in case they shall 
not be equal to those of his foi^mer office, then no more of such 
superannuation allowance or compensation shall be paid to him 
than with the salary of his new appointment shall be equal to that 
of his former office. 

35» Every grand jury shall make all such presentments, and do 
all such acts, matters, and things, as may from time to time be 
necessary to provide for any annuities, gratuities, or payments under 
this Act) and shall, in case of default in complying witii any of 
the provisions of this Act, be subject to all the provisions of the 
Prisons Acts relating to default in the making of presentments 
under those Acts, anything in this Act to the contrary notwith^ 
standing. 

ReToovdt of Prisoners. 

Confinement of 86. The Lord Lieutenant may from time to time by any general 
aaddurin**^^** or special rule appoint in any county a convenient prison or prisons 
an^ unng ^^ which prisoners are to be confined before and during trial, or at 
either of such times, and any prisoner who might, if this Act had 
not passed, have been lawfully confined in a prison situate wibhin 
the area of such county may be lawfully confined in any prison 
or prisons so appointed : Moreover, the Lord Lieutenant may, by 
any general or special rule, from time to time appoint any con- 
venient prison or prisons in any adjoining county to which prisoners 
may be committed for trial, safe custody, or otherwise, and any 
prisoners may be committed to such prison accordingly. 
Confinement of 37. The Lord Lieutenant may from time to time by any general 
cw^cSJn^^ or special rule appropriate, either wholly or partially, particular 
prisons in Ireland to particular classes of prisoners under smtence 
of any court or of any competent authority to which such prisoners 
may be committed or removed, and may remove any prisoner from 
any one prison to any other prison in Ireland,, for the purpodo of 



Presentments 
by grand juries 



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1877. FrisoTie {Irdcmd). Ch. 49. 263 

his undergoing the whole or any portion of his punishment in such 
prison ; provided that a prisoner who is confined in a prison situate 
beyond the limits of the county, borough, or place in which he 
was convicted of his offence shall^ at the time of his discharge, be 
entitled to be taken back at the public expense to the county, 
borough, or place in which he was so convicted. 

38. The Lord Lieutenant may from time to time by any general Conflnementof 
or special rule appoint in any county a prison or prisons in which ^^^^ ^\ 
debtors and prisoners who are not cnnunai prisoners are to be are not criminal 
confioed during the period of their imprisonment, and it shall be prisoners, 
lawful to confine in any prison so appointed during the period of 
his imprisonment any dedotor or pris(Hier who is not a criminal 
prisoner who might, if this Act had not passed, have been confined 
during such period in any prison situate within the area of the 
county. 

38. Subject to ttiis Act, and any rules made in pursuance thereof, Saving as to 
prisoners may be committed to the same prison to which they ^™<JUe^.*'**^ 
might have been committed if this Act had not passed. 

The committal or imprisonment of a prisoner to or in a prison, 
if otherwise valid, shall not be illegal by reason only that such 
prisoner ought, according to the law for the time being in force, to 
have been committed to or impiisoned in some other prison, but 
any such prisoner as is mentioned in this section shaU, on appli« 
cation made on his behalf in a summary manner to any judge of 
any of Her Majesty's superior courts of law in Dublin, be entitled 
to be removed at the public expense to such other prison as afore- 
said. 

40. Every prisoner confined in any prison to which this Act Custody of 
applies shall be deemed to be in the legal custody of the governor P™®°®"' 
or keeper of the same : Provided that nothing in this Act contained 

shall affect the jurisdiction or responsibility of the sheriff in respect 
of prisoners under sentence of death, or his jurisdiction or control 
over the prison where such prisoners are confined^ and the ofiicers 
thereof, so far as may be necessary for the purpose of carrying 
into effect the sentence of death, or for any purpose relating thereto ; 
and in any prison in which sentence of death is required to be 
carried into effect on any prisoner, the sheriff shall, for the pur- 
poses of carrying the sentence into execution, be deemed to have 
the same jurisdiction with respect to such prison as he would by 
law have had with respect to the common gaol of his county if 
this Act had not passed^ and such prison were the common gaol 
of his county. 

41. Any wiit, warrant, or other legal instrument addressed to Dewripdon of 
the governor or keeper of a particular prison, describing the prison ^^^^^ ^ ^"^^ 
by its situation or other definite description, shall be valid, by 
whatever title such prison is usually known, or whatever be the 
description of the prison. 

42. A prisoner may be brought up in cases of adjournments and Removal of 
remands, and for trial, and may be removed from any one prison f^*^"®" ^^^ 
to another to which such prisoner may be legally removed, for the 
purpose of being tried or undergoing his sentence, by or under 

the direction of the governor or keeper of such prison, or any 
member of the constabulary force, or of the Dublin metropolitan 



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264 



Ch. 49. 



Prisons (JreUmd). 



40&41 Vict. 



Sheriff not 
liable for 
escape. 



Chief Secre- 
tary may grant 
certificates to 
Prisoners Aid 
Societies. 



Allowance 
to discharged 
prisoner. 



Power for 
General Prisons 
Boai'd and 
grand jury 
to arrange and 
refer to arbi- 
tration. 



19 & 20 Vict, 
c. 102. 

Employment 
of prisoners 
uenteneed 
without hard 
labour. 

Division of 
prisoners in 
ordinaryprison. 



police, duly authorised by such governor or keeper, and no prisoner 
whilst in the custody of any such governor or keeper or any 
member of the constabulary or metropolitan police force duly 
authorised by such governor or keeper shall be deemed to have 
escaped, although he may be taken into different jurisdictions or 
different places of confinement 

43. On and after the first day of April one thousand 'eight 
hundred and seventy-eight the sheriff of any sheriffdom shall not 
be liable for the escape of any prisoner. 

Miscellcmeoiis. 

44. The Chief Secretary to the Lord Lieutenant, upon the 
application of any one or more member or members of any society 
formed for the purpose of finding employment for discharged 
prisoners, and enabling them by loans and grants of money to 
live by honest labour, and after examining the rules of such 
society, and receiving such evidence as he thinks fit as to the 
condition of such society, may iifeue a certificate under his hand to 
the effect that such society is approved by him for the purposes of 
this Act, and he may subsequently at any time, upon due cause 
shown, by a writing under his hand, revoke or suspend such cer- 
tificate, and any society in respect of which siich certificate as 
aforesaid has been granted and remains in force, shall be deemed to 
be a " Certified Prisoners Aid Society,^' and to be entitled to such 
privileges as are herein-after mentioned. 

45. Where any prisoner is discharged from prison, the General 
Prisons Board may, in addition to any sums by law payable to 
such prisoner, order a sum of money not exceeding two pounds to 
be paid out of any moneys under their control, and applicable 
to tiie payment of the expenses of the prison, by the governor to 
the prisoner himself, or to the treasurer of a certified Prisoners Aid 
Society or refuge, on his receiving from such society an undertaking 
in writing, signed by the secretary thereof, to apply the same for 
the benefit of the prisoner, or, if that becomes impossible, repay 
the same to the General Prisons Board. 

46. The General Prisons Board on the one hand (with the assent 
of the Lord Lieutenant, and, so far as any public moneys are con- 
cerned, with the assent of the Treasury), and a grand jury on the 
other, may, with a view to carry into effect the purposes of this 
Act, compromise any matter, or settle any difference, or refer to 
arbitration any matter or difference. 

A reference to arbitration under this Act shall be to a single 
arbitrator, and the provisions of the Common Law Procedure 
Amendment Act (Ireland), 1856, shall apply accordingly. 

47. In every prison in which prisoners sentenced to imprison- 
ment without hard labour shall be confined, due provision shall be 
made by the General Prisons Board for the employment of such 
prisoners respectively, and the nature and amount of such employ- 
ment shall be defined by rules to be made under this Act. 

48. The General Prisons Board shall cause provision to be 
made in such prison or prisons as they shall think proper, so that 
prisoners convicted of misdemeanor and not sentenced to hard 
labour shall be divided into at least two divisions, one of which 



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1877. .Prisons (Irdemd). Ch. 49. 265 

shall be called the first division ; and whenever any person con- 
victed of misdemeanor is sentenced to imprisonment without hard 
labour, it shall be lawful for the court or judge before whom such 
person has been tided to order, if such court or judge think fit, that 
such person shall be confined during his sentence in such prison or 
in some one of such prisons, and be there treated as a misdemeanant 
of the first division, and a misdemeanant of the first division shall 
be treated in accordance with such rules as may from time to time 
be made in that behalf under the provisions of tiiis Act. p . . 

49. Every prisoner under sentence inflicted on conviction for ^n^anhd^^' 
sedition or seditious libel, and any person who shall be imprisoned treated as fint- 
under any rule, order, or attachment for contempt of any court, ^^"""'^'^^ 
shall be treated as a misdemeanant of the first division. Savin^ciause 

50. Nothing in this Act contained shall afiect the power or as to"feform- 
jurisdiction of any grand jury in relation to any reformatory school atory and in- 
or to any industrial school under the Irish Reformatory Schools dustrial spools. 
Act, 1868, and the Industrial Schools Act (Ireland), 1868, or either l]t9,^^ ^'""^ 
of such Acts, or any Act amending the said Acts or either of them. 31 & 82 Vict. 

61. Nothing in this Act contained shall entitle any existing «• 25. 
officer of a prison to any superannuation or other allowance the Saving clause 
conditions of whose office would not have entitled him to super- ^ ^ 37*vict? 
annuation or other allowance under the Prison Officers (Ireland) c 5i. 
Superannuation Act, 1873. 

52. Where the prison medical officer considers it necessary to Test of 
apply any painful test to a prisoner to detect malingering, or other- "^"^Kenng. 
wise, such test shall only be applied by authority of an order from 

the visiting committee, or a member of the General Prisons Board. 

53. In addition to the duties imposed upon the surgeon of a Duties of 
pidson by the seventy-second section of the Act of the session of surgeon re- 
Parliament held in the seventh year of Kjng George the Fourth, p^^o^n^"*^ 
chapter seventy-four, it shall be the duty of the surgeon to see every 
prisoner in the course of every week, and daily visit the sick 
prisoners and the prisoners, if any, confined in punishment cells. 

He shall enter day by day, in his journal to be kept in the 
prison, an account of the state of every sick prisoner, the name of 
his disease, a description of the medicines and diet, and any other 
treatment which he may order for such prisoner. 

He shall, once at least in every three months, inspect every part 
of the prison, and enter in his journal the result of each inspection, 
recording therein any observations he may think fit to make on any 
want of cleanliness^ drainage, warmth, or ventilation, any bad 
quality of the provisions, any insufficiency of clothing or bedding, 
any insufficiency in the quantity or defect in the quality of the 
water, or any cause which may affect the health of the prisoners. 

Whenever he has reason to believe that the mind of a prisoner 
is or is likely to be injuriously affected by the discipline or treat- 
ment, he shall report the case in writing to the gaoler, together with 
such directions as he may think proper, and he shall call the attention 
of the chaplain to any prisoner who appears to require his special 
notice. 

He may, in any case of danger or difficulty, which appears to Iiim 
to require it, call in additional medical assistance, and no serious 
operation shall be performed without previous consultation being held 



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266 



Ctt. 49. 



PriwM {Irddmd). 



40 & 41.V1CT. 



Duties of 
gaolers. 



Limitation of 
time of con- 
finement in 
ponishment 
cells. 



Coroner shall 
hold inquest 
on prisoner 
who has died 
in prison. 



Conditions as 
to rules made 
under this Act. 



with auother medioal practitioner^ except under drcumstaaces not 
admitting of delay, such circumstances to be recorded in his journal. 

He shall, forthwith on the death of any prisoner, enter in his 
journal the following particulars, videlicet, at what time the deceased 
was taken ill ; when the illness was first communicated to the 
surgeon ; the nature of the disease ; when the prisoner died ; and an 
account of the appearances after death ; together with any special 
remarks that appear to him requisite. 

54. In addition to the duties imposed on tiie gaoler of a prison 
by the Prisons Acts, it shall be the duty of the gaoler to enter in a 
separate book, called the Punishment Book, a statement of the 
nature of any offence for which he has awarded punishment to be 
inflicted on any prisoner, with the addition of the name of the 
offender, the date of the offence, and the amoimt of pufuahment 
inflicted. 

He shall, without delay, report to the visiting committee of 
justices any case of insanity or apparent insanity occurring among 
tlie prisoners. He shall also, without delay» call the attention of 
the surgeon to any prisoner whose state of mind or body appears 
to require attention, and shall carry into effect the directions of 
the surgeon respecting alterations of the discipline or treatment of 
any such prisoner. 

He shall notify to the surgeon without delay the iUness of any 
prisoner, and shadl deliver to him daily a list of such prisoners as 
complain of illness, or are removed to the infirmary, or confined to 
their cells by illness, and he shall deliver to the chaplain and surgeon 
lists of such prisoners as are confined in punishment cells. 

No prisoner sentenced to haixl labour shall be kept at such labour 
for more than ten hours each day, exclusive of meals. 

65. It shall not be lawful for the governor of any prison in 
exercising the powers conferred upon him by the fifteenth rule 
contained in the hundred and ninth section of the Act of the eeesion 
of Parliament held in the seventh year of the reign of King G^rge 
the Fourth, chapter seventy-four, to order any prisoner to be con- 
fined in a punishment cell for any term exceeding twenty-four 
hours ; nor shall it be lawful for any justice in exercising the powers 
conferred by the sixteenth rule contained in the same section to 
Older any prisoner to be confined in a punishment cell for any term 
exceeding fourteen days. 

66. It shall be the duty of the coroner having jurisdiction in the 
place to which the prison belongs, to hold an inquest on the body 
of every prisoner who may die within the prison. Where it is 
practicable, suflicient time shall be allowed before the holding of 
the inquest to allow the attendance of the nearest relative of the 
deceased, and in no case shall any officer of the prison^ nor any person 
engaged in any sort of trade or dealing with the prison^ be a juror 
on such inquest. 

57. The following conditions shall apply to the roles and special 
rules to be made by the Lord Lieutenant, or by the Qeneral Prisons 
Board, under the authority of this Act : 

(a.) No such rule or special rule shall have effect with respect to 
any ordinary prison before the first day of April one thou- 
sand eight hundred and seventy-eiglit. 



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1877. Priaons {Ireland). Ch. 40. 267 

(6.) Any rule made in manner aforesaid respecting matters relating 
to finance or to aooonnt ahall^ before receiving ihe approval 
of the Lord Lieutenant and Privy Council, be submitted 
to and approved by the Commissioners of Her Majesty's 
Treasury. 
(o.) All such rules aaid special rules shall be forthwith laid in a 
complete form, after the same shall have been settled and 
approved by the Lord Lieutenant and Privy Council, before 
both Houses of Parliament, if Parliament be sitting, or if 
not, then within three weeks after the beginning of the 
next ensuing session of Parliament ; and if any such rules 
shall be disapproved by either House of Parliament within 
forty days after the same shall have been so laid before 
Parliament, such rules, or such part thereof as shall be 
so disapproved of, shall be void and have no effect : Pro- 
vided also, that no such rules shall come into force or 
operation until the same shall have been laid before 
Parliament for forty days. 
All such rules and special rules not disapproved in manner afore- 
said shall be published in the Dubliii Gazette, and the production 
of a printed copy of the Dublin (Jazette, purporting to Ibe printed 
and published by the Queen's authority, and containing the pub- 
lication of such rules, shall be conclusive evidence of the making of 
Buch rules. A copy of the rules shall be posted in some conspicuous 
place in every prison to which the same relate, and, so long as the 
same sball continue in force, shall be of the same validity as if 
enacted by this Act. The rules and byelaws of every prison existing 
at the time of the passing of this Act shall continue in force unless 
and so far as the same shall not be altered or repealed in manner 
aforesaid. 

68* Whereas certain charitable donations and bequests have from As to chari- 
time to time been made, and are stiU payable, for the benefit of poor ^^ b^q^esto "^ 
debtors c<mfined in prisons in Lreland : And whereas in consequence for poor 
of the passing of the Debtors Act (Ireland), 1872, and the rules and prisoners. 
disciplme established in the various prisons in Ireland^ it has in ^^ ^ ^^ 
many cases been found to be inconsistent with the rules and disci- 
pline of the said prisons, or otherwise impracticable^ to apply the said 
charitable bequests in the manner directed by the several donors or 
testators: Therefore it shall be lawful for the Commissioners of 
Charitable Donations and Bequests for Ireland to apply or to order 
the application of any of such donations or bequests to 6uc)i chari- 
table purposes as they shall judge to be best, having regard to the 
intentions of the donor or testator ; and such application or order 
shall be made in the manner prescribed by the provisions of the 
sixth section of the Charitable Donations and Bequests Act (Ireland), 34 & 35 Vict 
1871, and shall be valid and effectual, although ,the amount of any ^* ^^^* 
such donation or bequest shall exceed the amounts specified in the 
said section. 

59. From and after the first day of April one thousand eight DiBcontinoancc 
hundred and seventy-eight any enactment contained in the Prisons of ^^necwsary 
Acts which requires that a local inspector, or more than one medioal dutiw.^'^ 
officer, or an apothecary, shaJl be appointed for any prison, or 
imposes upon pri8<m chaplains the duty of inspeotmg ihe bread or 



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268 



Savio^ as to 
commissions. 



Ch. 49, 60. 



Prisons (Ireland). 



40 & 41 Vict. 



other provisions provided for prisoners, and of taking care that the 
same are of good and wholesome quality, and of sufficient weight, 
shall be and the snme is hereby repeialed. 

60. Nothing in this Act contained relating to the custody of 
prisoners shall affect the validity of any commission of gaol 
delivery, commission of oyer and terminer, or other commission, 
precept, writ, warrant, or other document, notwithstanding the same 
may be addressed to or make mention of the sheriff of any county, 
city, or place, instead of being addressed to or making mention of 
the governor of a prison or prisons ; and every such commission, 
precept, writ, warrant, or other document shall be obeyed by the 
governor and take effect in the same manner as if the governor had 
been named therein instead of the sheriff. 



Short title. 



Commence- 
ment of Act. 



Appointment 
of salaried 
sherifiis sub- 
stitute vested iu 
Her Majesty. 

Quatification 
of sheriffs 
substitute. 
6 Geo. 4. c. 23. 
s. 9. repealed. 



36 & 37 Vict, 
c. 63. 



Tenure of 
oiBceof salaried 
sherifi sub- 
stitute and 
procurator 
fiscal. 



CHAPTER 50. 

An Act to amend the Law in regard to the appointment 
of Sheriffs Substitute and Procurators Fiscal in Scot- 
land; to extend the jurisdiction of and amend the 
procedure in the Sheriff Courts of Scotland ; and for 
certain other purposes connected therewith. 

[Uth August 1877.] 

BE it enacted by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. This Act may be cited for all purposes as the Sheriff Courts 
(Scotland) Act, 1877. 

2. Except in so far as otherwise expressly provided, this Act 
shall commence and take effect on and immediately aft'er the first 
day of October one thousand eight hundred and seventy-seven. 

3. From and after the passing of this Act the right of appointing 
to the salaried office of sheriff substitute, heretofore belonging to 
sheriffs, shall be transferred to, vested in, and exercised by Her 
Majesty, her heirs and successors, on the recommendation of one of 
Her Majesty's Principal Secretaries of State. 

4. The ninth section of the Act passed in the sixth year of His 
Majesty George the Fourth, chapter twenty-three, is hereby re- 
pealed ; and in lieu thereof it is enacted as follows : From and after 
the passing of this Act no person shall be appointed to the office of 
salaried sheriff substitute who shall not be an advocate or a law 
agent, within the meaning of the Act passed in the thirty-sixth 
and thirty-seventh years of the reign of Her present Majesty, 
chapter sixty-three ; provided always, that such advocate or law 
agent shall not be of less than five years standing in his pro- 
fession. 

6, No person holding the office of sheriff substitute or procurator 
fiscal at the passing of this Act, and receiving salary on that 
account, and no person who may hereafter be appointed to the 
office of salaried sheriff substitute or procurator fiscal by virtue of 
the provisions of this Act, shall be removable from office, except by 
one of Her Majesty's Principal Secretaries of State, for inability or 



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1 877. Sheriff Courts (Scotland). Ch. 50. 269 

misbehaviour, upon a report by the Lord President of the Court of 
Session and the Lord Justice Clerk for the time being. 

6. From and after the passing of this Act the appointment of Appointment 
procurators fiscal shall be made by the sheriff with tiie approval of fiscd^veSed ^n 
one of Her Majesty's Principal Secretaries of State, and any pro- sheriff* with 
curator fiscal so appointed, and any procurator fiscal holding office approval of 
at the passing of this Act (save in so far as herein-after expressly ofSu^7 
provided) shall not be removable from office except in the manner 
provided in the fifth section of this Act : Provided always, that no 
appointment of any procurator fiscal, whether made before or after 

the passing of this Act, shall fall by reason of the sheriff ceasing 
to hold office by reason of death, resignation, or otheifwise. The 
appointment of any person to act as procurator fiscal ad interim 
or in the absence of the procurator fiscal in any sheriff court shall 
cease and determine from and after the commencement of tliis 
Act. 

7. Except as herein-before provided, no sheriff shall have power. Procurator 
after the passing of this Act, to nominate or appoint any person to a^i^depute 
perform the duties of procurator fiscal ; but it shall be lawful for a with consent of 
procurator fiscal, with the leave of the Lord Advocate and sheriff Lord Advocate 
expressed in writing, to grant a deputation to one or more fit *°^ d^«nff- 
persons to be named in such writing for whose actings he shall be 
responsible, to sign writs, to appear in Court, and to conduct prose- 
cutions and inquiries in his name and on his behalf. La the event 

of a vacancy in the office of procurator fiscal, any depute or deputes 
appointed in terms of this section shall have and discharge ail the 
powers, privileges, and duties of a procurator fiscal until such 
vacancy is filled ilp. 

8. The jurisdictions, powei's, and authorities of the sheriffs and Sheriffs juris- 

sheriffs substitute of Scotland shall be and the same are hereby ?^i^?° *^®?" 

, J J , -^ ded to certain 

extended to,— questions of 

(1.) All actions (including actions of declarator, but excluding heritable right 
actions of adjudication, save in so far as now competent, ®' ^^^^ ^^' 
and excluding actions of reduction,) relating to a question 
of heritable right or title, where the value of *the subject 
in dispute does not exceed the sum of fifty pounds by the 
year, or one thousand pounds value : 

(2.) Actions of declarator for the purpose of determiniug any 
question relating to the property in, or right of succession 
to, movables, where the value of the subject in dispute 
does not exceed the sum of one thousand pounds : 

(3.) Actions of division of commonty, and division, or division 
and sale, of common propei-ty, where the value of the 
subject in dispute does not exceed the sum of fifty pounds 
by the year, or one thousand pounds value : 

Provided that the Act of the Parliament of Scotland 
passed in the year one thousand six hundred and ninety- 
five, intituled " Act concerning the dividing of commonties," 
shall for the purposes of this Act, and subject to the limit- 
ations hereof, be read and construed as if it conferred 
jurisdiction upon sheri£& and sheriffs substitute in the 
same manner as it confers jurisdiction on the Court of 
Session : 



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270 Ch. 50. Sheriff (httrta (ScoUand). 40 & 41 Vierr. 

(4.) Any action against a foreigner, provided — 

(1.) That such action would be competent in a f^eriff 
court against a Scotsman subject to the jurisdiobion 
thereof; and 
(2.) Thai a ship or other vessel belonging to audi foreigner, 
or of which he is part owner or master, shall have 
been arrested within the sheriffdom : 
Aetions relating to questions of heritable right or title, or to 
division of commonties, or division, or division and sale, of common 
property, raised in a sheriff court, shall be raised in the sheriff court 
of the county in which the property forming the subject in dispute 
is situated, and all parties against whom any such action may be 
brought shall be subject in such action to the jurisdiction of the 
sheriff and sheriff substitute of such county. 

Nothing herein ecmtained shall derogate &om say jurisdietion, 

power, or authority Aow possessed by the sheriffs and sheriffs 

substitute of Scotland. 

Provisions as 9, In regard to every action brought imder the preoeding aeetion 

madfb^tto * in the sheriff court, the following provisions shall have effect j that 

Act competent is to Say, 

in the sheriff (1.) If a defender shall,'^at any time before an interlocutor eLosing 

^®"** the record is pronounced in the action, or within six days 

after duch an interlocutor shall have been pronounced, 

lodge a notro in the process in the following or similar 

terms ; that is to say, 

*^ The Defender prays that the p*oees8 may be trons- 
'^ mitted to the Court of Session. 

'' [Signed by the Defender 

" [Date] or his Law Ag^t.]*' 

it shall be the duty of the sheriff derk forthwith to 

transmit the process to the keeper of the rolls of the Mrst 

Division of the Court of Session, who shall, under the 

directions of the Lord President of the Court, mark on 

the petition the Division and the Lord Ordinary before 

whom it shall depend, and shall transmit the process to 

the depute clerk officiating at the bar of such Lord 

Ordinary ; and the process having been so transmitted 

shall thereafter proceed before the Court of Session as 

nearly as may be as if it had been raised in that court : 

(2.) The Court of Session or either Division thereof or any Lord 

Ordinary therein may, if of opinion that the action might 

have heem prc^erly tried. in the sheriff courts allow the 

defender who removed the action to the Court of Session, 

in the event of his being successful therein, ench expenses 

only as they may consider that he would have been entitled 

to if suocessfiil in the action in tiie sheriff court : 

(3.) Tiie provisions of any Act of Parliament exdudlng appeal 

to the Court of Session in respect of the value of a cause 

depen^iiig i^ ^^ sheriff court shall not apply to actions 

brought Sierein under the preceding section. 

How value of IQ. In any ease ci question as to the value of the subject in 

e^ate shall be dispute in any action brought in a sheriff court under the provisions 

of this Act extending the jurisdiction of the sheriflb, the sheriff or 



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1877. Sheriff Oov/rts (ScoUand). Cn. 50, 51. 271 

sheriff substitute shall (in such way as he may think expedient) 
inquire into and determine the value, and his determination shall 
be final as regards the competency of bringing the action in the 
sheriff court. 

If it shall appear to the sheriff or sheriff substitute, as the case 
may be, that the value exceeds the amount specified by this Act, 
be may diraniss the action, with or without expenses, as he shall 
see fit, or on the motion of the pursuer may, if he shall see fit, order 
the sheriff clerk to transmit the process to the keeper of the rolls of 
the First Division of the Court of Session, who shall, under the 
directions of the Lord President of the Court, mark on the petition 
the Division and the Lord Ordinary before whom it shall depend, 
and shall transmit the process to the depute clerk ofiiciating at the 
bar of such Lord Ordinary, and the process having been so trans- 
mitted shall thereafter proceed before the Court of Session as nearly 
as may be as if it had been raised in that court. 

11. Wben in any action competent in the sheriff court a deed or Deed may be 
writing is founded on by either party, all objections thereto may be ^ ***^^n^^ 
stated and maintained by way of exception, without the necessity ^^*^ ^"' 
of bringing a reduction thereof: Provided always, that if any 
objection to a liquid document of debt, now maintainable only by 

way of reduction, shall be maintained by way of exception, the 
objector shall find such caution, or make such consignation, as the 
sheriff or sheriff substitute may direct. 

12. From and after the passing of this Act, the seventh section Abolition of 
of "The Bankruptcy (Scotland) Amendment Act, 1860," and so ^®^^ ^^'^^'^^ 
much of the fifty-first section of " The Lands Clauses Consolidation substitute. 
(Scotland) Act, 1845,'* as provides for the payment of remuneration 23 & 24 Vict, 
to sheriffs and sheriffs substitute shall be repealed, and all pay- gl^gyict. 
ments to sheriffs and sheriffs substitute in respect of the discbarge c. 19. 

of their ofiicial duties, other than the salaries provided to them out 
of public moneys, and the expenses mentioned in the last-recited 
section, shall cease and determine : Provided always, that it shall 
be lawful to the Commissioners of Her Majesty's Treasury to grant 
out of moneys to be provided by Parliament, such compensation as 
they shall think fit to any sheriff or sheriff substitute in respect of 
the operation of this section, regard being had to the terms of the ' 
commission under which such sheriff or sheriff substitute holds 
office^ and to the conditions, if any, which may have been attached 
to any salary, or increase of salary, granted to such sheriff or sheriff 
substitute. 



CHAPTER 51. 

An Act to enable the Secretary of State in Council of 
India to raise Money in the United Kingdom for the 
Service of the Government of India. 

[14th August 1877.] 

XTTTHERE AS the exigencies of the public service in India require 

▼ » that the Secreta^ of State in Council of India should be 

enabled to raise money in the United Kingdom on the credit of the 

revenues of India : 



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272 



Ch. 51. 



East India Loan. 



40 & 41 Vict. 



Power to the 
Secretary of 
State in Council 
oflndia to raise 
any sam not 
exceeding 
5,000,000/. 



Bonds may be 
issued under 
the hands of 
two members 
of the Council, 
and counter- 
signed by 
Secretary of 
State. 

Debentures 
may be issued. 



As to payment 
of principal 
and interest 
on debentures. 



Debentures 
transferable 
by delivery. 

Coupons by 
delivery. 



!l^lls may be 
issued. 



Description, 
currency ot, 
and interest 
on bills. 



Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and donsent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

1. It shall be lawful for the Secretary of State in Council of 
India, at any time or times after the passing of this Act, to raise 
in the United Kingdom, for the service of the Government of 
India, any sum or sums of money not exceeding in the whole five 
millions of pounds sterling, of which two miUious five hundred 
thousand pounds sterling may be raised by the creation and issue 
of aapital stock bearing interest, or annuities, bonds, debentures, 
or bills, or partly by one of such modes and partly by another or 
others, and the whole or any portion of the remaining two millions 
five hundred thousand pounds sterling may be raised by the creation 
and issue of bonds, debentures, or bills, but not by the creation and 
issue of capital stock bearing interest, or of annuities. 

2. All bonds issued under the authority of this Act may be issued 
under the hands of two members of the Council of India, and 
countersigned by the Secretary of State for India, or one of liis 
under secretaries, or his assistant under secretaiy, and shall be 
for such respective amounts, payable after such notice, and at such 
rate or rates of interest as the said Secretary of State in Council 
may think fit. 

3. All debentures issued under the authority of this Act may be 
issued imder the hands of two members of the Council, and counter- 
signed as aforesaid, for such respective amounts, and at such rate or 
rates of interest, as the Secretary of State in Council may think 
fit, and shall be issued at or for such prices and on such terms as 
may be determined by the Secretary of State in Council 

4. AH debentura'3 issued under the authority of this Act shall 
be paid ofi* at par at a time or times to be mentioned in such 
debentui*es respectively; and the interest on all such debentures 
shall be paid half-yearly on such days i\s shall be mentioned therein ; 
and the principal moneys and interest secured by such debentures 
shall be payable either at the treasury of the Secretary of State in 
Council in London or at the Bank of England. 

5. All or any number of the debentures issued under the autho- 
rity of this Act, and all right to and in respect of the principal 
and interest; moneys secured thereby, shall be transferable b}' the 
delivery of such debentures ; and the coupons for interest annexed 
to any debenture issued under the authority of this Act shall also 
pass by delivery. 

6. All bills issued under the authority of this Act may be issued 
under the hands of two members of the Council, and countersigned 
as aforesaid^ for such respective amounts as the Secretaiy of State 
in Council may think fit, and shall be issued at or for such prices 
and on such terms as may be determined by the Secretary of State 
in Council. 

7. A bill issued under the authority of this Act shall be a bill 
for the payment of the principal sum named therein at the date 
therein mentioned, so that the date be not more than twelve months 
from the date of the bill ; and the principal sum secured by such 
bill shall be payable either at the treasury of the Secretaiy of State 



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1 877. East India Loan. Ch. 51. 273 

in Council in London or at the Bank of England.' Interest shall be 
payable in respect of such bill at such rate and in such manner as 
the Secretiiry of State in Council may determine. 

8. Any capital stock created under the authority of this Act Capital stock 
shall bear such a rate of interest, and any annuities to be created ^be°cnMted 
under the authority of this Act shall be at such rate per centum and issued, 
per annum, as the Secretary of State in Council may think fit ; 

and such capital stock and such annuities may be issued on such 
terms as may be deterrafined by the Secretary of State in Council ; 
and any such capital stock may bear interest during such period, 
and be paid off at par at such time, as the Secretary of State 
in Council may prescribe previously to the issue of such capital 
stock ; and such annuities may be terminable at such 'period as the 
Secretary of State in Council may prescribe previously to the issue 
of such annuities. 

9. In case of the creation anrj issue of any such capital stock or Transfer books 
of any' such annuities, there shall be kept, either at the office of the g^^oJ^^^^^***^ 
Secretary of State in Council in London or at the Bank of Eng- annuities to 
land, books wherein entries shall be made of the said capital stock be kept 
and annuities respectively, and wherein all assignments or transfers 

of the same respectively, or any part thereof respectively, shall 
be entered and registered, and shall be signed by the parties 
making such assignments or transfers, or, if such parties be absent, 
by his, her, or their attorney or attorneys thereunto lawfully 
authorised by writing under his, her, or their hands and seals, to 
be attested by two or more credible witnesses ; and the person or 
pei-sons to whom such transfer or transfers shall be made may 
respectively underwrite his, her, or their acceptance thereof ; and 
no other mode of ^assigning or transferring the said capital stock 
or the said annuities, or any part thereof respectively, or any 
interest therein respectively, shall be good and available in law, 
and no stamp duties whatsoever shall be charged on the said 
transfers or any of them. 

10. All annuities created and issued under the authority of this Annuities 
Act shall be deemed and taken to be personal and not real estate, ^^®^^*^" 
and shall go to the executors or administrators of the person or 
persons dying possessed thereof, interested therein, or entitled 
thereto, and not to the heir-at-law, nor be liable to any foreign 
attachment by the custom of London, or otherwise. The whole 

11. The whole amount of the principal moneys to be charged amount 
on the revenues of India under this Act shall not exceed five ^^^d°* 
millions. 5,000,000/. 

12. Upon or for tlie repayment of any principal money secured Power to raise 
under the authority of this Act, the Secretary of State in Council moneyfor pay- 
may at any time borrow or raise, by all or any of the modes afore- ™pS* money!" 
said, all or any part of the amount of principal money repaid or to 

be repaid, and so from time to time as all or any part of any 
principal money under this Act may require to be repaid, but the 
amount to be charged upon the revenues of India shall not in any 
case exceed the principal money required to be repaid, and the total 
amount raised under this section by the creation and issue of capital 
stock bearing interest or of annuities shall not at any one time 
exceed two millions five hundred thousand pounds sterling. * 

[thb law rxforts.] S 



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274 

Securities, &c. 
to be charged 
on revenues of 
India.' 



FrovisioDB as 
to composition 
for stamp 
duties on India 
bonds extended 
to bonds and 
debentures 
under this Act. 



Fof g«7 of 
debentttres 
and bilJB to hb 
punishable as 
forgery of 
East Lidia 
bonds. 



Returns to be 
prepared half- 
yearly of 
moneys raised 
on loan, and 
presented to 
Parliament. 



Ch. 51. 



East India Loan. 



40 & 41 Vict. 



13« All bonds, debentures, and bills to be issued under this Act, 
and the principal moneys and interest thereby secured, and all 
capital stock to be issued under this Act, and the interest thereon, 
and all annuities to be issued under this Act, shall be charged on 
and payable out of the revenues of India, in like manner as other 
liabilities incurred on account of the government of the said 
territories. 

14. The provisions contained in section four of the Act of the 
session holden in the fifth and sixth years of King William the 
Fourth, chapter sixty-four, with respect to the composition and 
agreement for the payment by the East India Company of an annual 
bum in lieu of stamp duties on their bonds, and the exemption of 
their bonds from stamp duties, shall be applicable with respect to 
the bonds and debentures to be issued imder the authority of this 
Act, as if such provisions were here repeated and re-enacted with 
reference thereto. 

16. All provisions now in force in anywise relating to the offence 
of forging or altering, or offering, uttering, disposing of, or putting 
off, knowing the same to be forg^ or altered, any East India bond, 
with intent to defraud, shall extend and be applicable to and in 
respect of any debenture or bill issued under the authority of this 
Act, as well as to and in respect of any bond issued under the same 
authority. 

le. Provided always, that, at the end of each of the half years 
ending on the thirty-first day of March and the thirtieth dAy of 
September in every yeai', the Secretary of State in Council shall 
prepare or cause to be prepared a return of all loans raised in 
England under the provisions of this Act or of any other Acts, and 
of loans raised in India chargeable on the revenues of India, out- 
standing at the commencement of each half year, with the rates of 
interest and total, amount payable thereon, and the date of the 
termination of each loan, the debt incurred during the half year, 
the moneys raised thereby during the half year, the loans paid off 
or discharged during the half year, and the loans outstanding at 
the close of the half year, stating, so far as the public convenience 
will allow, the purpose or service for which moneys have been 
raised during the half year ; also a return of all stocks, loans, debts, 
and liabilities then chargeable on the revenues of India, as provided 
for in the Act twenty-first and twenty-second Victoria, chapter 
three, with rates and amount of interest, showing the changes which 
have taken place in each half year, in respect to the debts incurred 
and paid off or discharged ; that such returns shall be presented to 
both Houses of Parliament, as respects the return of loans and 
liabilities in England, within fifteen days after the expiration of 
the said half-yearly periods, and within three months after the 
expiration of each half year, as respects the return of loans and 
liabilities in India, if Parliament be then sitting, or if not sitting, 
then within one week after Parliament shall be next assembled ; 
and the various conditions in respect to terms, prices, dates of 
payment, and rates of interest on which bills have been issued 
during the half year under the authority of sections six and seven 
of this Act, shall be shown in the return in a form admitting of a 
comparison with previous years. 



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1877. EaM India Loan. Ch. pi, 52. 275 

17* This Act shall not prejudice or affect any power of raising or Saving powers 
borrowing money vested in the said Secretary of State in Council ®^ ^^^f^^^~ 

X J.U i." x» • XT. t tary of State 

at the trnie of passing thereof. in CouncU. 

18. Any capital stock created under this Act shall be deemed to gtock created 
be East India stock, within the Act twenty-second and twenty- hereunder to 
third Victoria, chapter thirty-five, section thirty-two, unless and ^ ^^^ 
until Parliament i^all otherwise ])rovide ; and any capital stock J^^ 
created under this Act shall be deemed to be and shall mean India 

stock within the Act of the twenty-sixth and twenty-seventh 
Victoria, chapter seventy-three, anything in the said last-mentioned 
Act to the'cpntrary notwithstanding. 

19. The provisions contained in the third section of the Act of Sect 8. &c. 
the thirty-third and thirty-fourth Victoria, cliapter ninety-three, ^^|2*^S[* 
and all other enactments in the said Act relating to or affecting ^ capital stock 
such provisions, shall be extended and be applicable to any capital created under 
stock created under this Act. *^« ^<^*- 



CHAPTER 52. 

An Act for further amending the Acts relating to the 
raising of Money by the Metropolitan Board of Works ; 
and for other purposes relating thereto. 

[14th August 1877.] 

%!/ HEBEAS by the Metropolitan Board of Works (Loans) Act, as ft 89 Vict. 
▼ ▼ 1875, in this Act referred to as " the Act of 1875/' the «• 65. 
raising of money by the Meti-opolitnn Board of Works (in this Act 
referred to as " the Board ") for the purposes tlierein specified was 
regulated, and provision was made requiring that the borrowing 
powers granted to the Board by Parliament for the purposes therein 
named should for the future be limited both in time and amount : 

And whereas by the Metropolitan Board of Works (Loans) Act, 89 & 4o Vict. 
1876, (in this Act referred to as the " Act of 1876,'^ the Board «• «5. 
were empowered to raise certain sums of money for the purposes 
in the said Act mentioned, and limits of time and amount within 
which the powers by the said Act granted might be exercised were 
fixed: 

And whereas the powers for the raising of money by the Act of 
1876 conferred upon the Board have been partially exercised, but it 
is expedient that the Board should have power to raise certain 
further sums of money for the purposes, upon the terms and subject 
to the limitations herein-^after mentioned, and that for such purposes 
the Act of 1876 should be amended : 

And whereas it is expedient that the Board should be empowered 
to raise any of the moneys which they are by this Act authorised 
to raise, and which it may be convenieut to raise for a temporary 
l)eriod, by the issue of bills with the consent of the Trecusury for 
not less than three and not more than twelve months, to be repaid 
out of moneys raised by the creation of consolidated stock under 
this Act : 

Be it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 

S 2 



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276 Ch. 52, Metropolitcm Board of Works {Money). 40 & 41 Vict. 

Temporal, and CoromoDs^ in this present Parliament assembled, and 
by the aathority of the same, as follows : 
Short title. 1. This Act may be cited as the " Metrojwlitan Board of Works 

(Money) Act, 1877,'' and the Act of 1875, the Act of J 876, and 
this Act may be cited together as the " Metropolitan Board of 
Works (Money) Acts, 1875 to 1877." 
construotionofAct. 2. Tbis Act shall be read and have effect as one witii the Metro- 
.l4MVfct*c M*' politan Board of Works (Loans) Acts, 1869 to 1871, and the Act 
34 A 36 Vict. c. 47. of 1875 and the Act of 1876. 

AmeDdment of 3. Section four of the Act of 1876 shall be read and construed 
iTt'of ^876*^^ as if the aggregate amount which the Board was thereby authorised 
to limit of to '^ise and expend for the purposes of the Fire Brigade Act, 1865, 
amount for had been limited to a sum not exceeding thiriy-five thousand 
Fire Brigade. pQunjjg instead of twenty thousand pounds. 

^^onTof the *' S^^'^^ ^^^^^ ^^ *^^ -^^^ ^^ ^876 shall be read and construed 
Act of 1876 as ^^ if the aggregate amount which the Board was thereby autho- 
to limit of rised to lend to vestries and district boards under the said section 
iSt™* ^ ^ ^^ ^^^^ limited to a sum not exceeding two hundred thousand 
pounds instead of to a sum not exceeding one hundred and fifty 
thousand pounds. 
^?^Tf*the 5- Section eight of the Act of 1876 shall be read and construed 
Act of 1876. as if the aggregate amount which the Board was thereby autho- 
rised to lend to boards of guardians had been limited to a sum 
not exceeding two hundred thousand pounds instead of one hundred 
and twenty thousand pounds. 
Amendment of 6. Section nine of the Act of 1876 shall be read and construed 
Acf of 1^876^* as if the aggregate amount which the Board was thereby autho- 
rised to lend to the corporations, bodies of commissioners, burial 
boards, and other public bodies therein specified had been limited 
to a sum not exceeding one hundred thousand pounds instead of 
fifty thousand pounds. 
Power for 7. The Board may from time to time up to the thirty-first day 

^^opgOTeral ^^ l^ecember one thousand eight hundred and seventy-eight expend, 
improvements under section one hundred and forty-four of the Metropolis Manage- 
and contribu- ment Act, 1855, and section seventy-two of the Metropolis Manage- 
18°& 19 Vict "^^^^ Amendment Act, 1862, such money as they think fit for the 
c. 120. purposes mentioned in the said sections respectively. 

25 & 26 Vict The aggregate amount expended by the Board under this section 
^' ^^^' shall not exceed one hundred thousand pounds. 

The Board in order to raise money for purposes of this section 

may from time to time create consolidated stock. 

Power for 8. The Board may from time to time up to tlie thirty-first day of 

■^^"^**^ ®?' December one thousand eight hundred and seventy-eight expend for 

Briga<te pi- ^^ purposes of providing station houses, fire-engines, fire-escapes, 

poses. and permanent plant for the purposes of the Fire Brigade Act, 1865, 

^® * ^^ ^*^' 8^^ money as they think fit not exceeding twenty thousand pounds. 

The Board in order to raise money for purposes of this section 

may from time to time create consolidated stock. 

The Board shall from time to time cany to the consolidated 
loans fund such sums as the Treasury approve, as being in their 
opinion sufficient to redeem within thirty years from the date of 
the creation of stock for purposes of this section an amount of 
consolidated stock equal to that so created. 



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1877. Metropolitcm Board of Works (Money). Ch. 52. 277 

9. The Board may from time to time up to the thirty-first Power for 
day of December one thousand eight hundred and seventy-eight S^or pur- 
expend for the purposes of the Metropolitan Street Improvements poses of 
Act, 1877, if it shall become hiw, such money as they think fit not *o & ^i Vict 
exceeding three millions seven hundred and twelve thousand five ^i^^^^Jci 
liundred and seven pounds, and for the purposes of the Metropolitan 

Board of Works Act, 1877, such money as they think fit not 
exceeding four thousand five hundred pounds, and for the purposes 
of so much of the Metropolitan Commons Supplemental A.ct, 1877, 
if it becomes law, as relates to Clapham Common and Bostall Heath, 
such money as they think fit not exceeding thirty thousand pounds. 

Provided that if the Metropolitan Street Improvements Act, 
1877, does not authorise the making of the new street Number six, 
oommeucing in Trafisklgar Square and terminating at Tottenham 
Court Boad, the moneys raised for the pui'poses of the last- 
mentioned Act shall not exceed two million nine hundred and 
twenty-nine thousand nine hundred and seven pounds. 

The Board in order to raise money for purposes of this section may 
from time to time create consolidated stock : Provided always, that 
the money to be raised and the consolidated stock to be created 
by the Board under this section shall be raised and created by 
them from time to time in such amounts and at such times only, 
as the Board shall actually require, and as the Treasury shall 
approve, for the purpose of carrying out the provisions of the said 
Acts in a proper and efficient manner. 

10. The Board may from time to time up to the thirty-first Power for 
day of December one thousand eight hundred and seventy -eight Board to ex- 
expend for the purposes of the Metropolitan Street Improvements J^om^ of 
Act, 1872, such additional sums of money as they think fit not ss&ss vict. 
exceeding sixty thousand pounds. ^' ^^^"** 

The Board in order to raise money for purposes of this section 
may from time to time create consolidated stock. 

11. Where a vestry or district board constituted under the Power for 
Metropolis Management Act, 1855, desire in pursuance of autho- ^^^^^ ^^ 
rity vested in them by Act of Parliament to borrow money for the district bwird 
purpose of any work, or for the purpose of paying off any loan or 

debt, or for any other purpose, and it appears to the Board and to 
the Treasury expedient that ihe repayment of the money to be 
borrowed shall be spread over a series of years, then from time to 
time up to the thirty-first day of December one, thousand eight 
hundred and. seventy-eight the Board may lend to the vestry or 
district board, and the vestry or district board may borrow from the 
Board, such money as the Board think fit, and as the vestry or 
district board are authorised and desire to borrow. 

The aggregate amount lent by the Board under this section shall 
not exceed two hundred thousand pounds. * 

The Board in order to raise money for purposes of this section 
may firom time to time create consolidated stock. 

Money lent by the Board under this section shall, notwith- 
standing an3rthing in any other Act, be repaid to them with interest 
within such time after the borrowing as the Board and the 
borrowers with the approval of the Ti-easiiry agree, not exceeding 
in case of a loan for purposes of improvements effected by the 



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S78 



Ch. 52. Metropolitan Board of Works (Money). 40&41 Vict. 



Power for 
Board to lend 
to board of 
cfu&Tdians. 



widening of streets or bridges or for the purpose of purchase of 
laud iu fee simple sixty years, aud for any other purpose thirty 
years. 

In case of a loan required to be for not exceeding thirty years 
the Board shall irom time to time carry to the consolidated loans 
fund such sums as the Treasury approve, as being in their opinion 
sufficient to redeem within the period for which the loan is made, 
not exceeding thirty years from the date of the creation of stock 
for purposes of this section, an amount of consolidated stock equal 
to that so created. 

12. Where a board of guardians of a union or parish wholly or 
for the greater part in the Metropolis, as defined in the Metropolis 
Man^^gem^-nt Act, 1855, desire in pursuance of authority vested in 
them tq borrow money for the purpose of any work, or for the 
purpose of paying off any loan or debt, or for any other purpose, 
and it appears to the Board and the Treasury expedient that the 
repayment of the money to be borrowed shall be spread over a 
series of years, then from time to time up to the thirty-first day 
of Pecember one thousand eight hundred and seventy-eight the 
Board may lend to the board of guardians, and the board of 
guardians may borrow from the Board, such money as the Board 
think fit, and as the board of guardians are authorised and desire to 
borrow. 

The ftggregate amount lent by the Board under this section 
shall not exceed two hundred thousand pounds. 

The Board in order to raise money for purposes of this section 
may from time to time create consolidated stock. 

Money lent by the Board under this section shall, notwithstanding 
anything in any other Act, be repaid to them with interest within 
such time after the borrowing as the Board and the borrowers with 
the approval of the Treasury agree, not exceeding thirty years. 

The Board shall flrom time to time carry to the consolidated loans 
fund such sums as the Treasury approve, as being in their opinion 
sufficient to redeem within the period for which the loan is made, 
not exceeding thirty years Irom the date of the creation of stock 
for purposes of this section, an amount of consolidated stock equal 
to that so created. 

13, Where any corporation, body of commissioners, burial board, 
^^orations, ^^ ^t^®^ public body having power to levy, directly or indirectly, 
burial boards, ' rates in respf^ct of lands in the Metropolis, as defined in the Metro- 
polis Management Act, 1855, or to make charges on Tates leviable 
in the Metropolis as so defined, or to take within the Metropolis 
as so defined dues or impositions in the nature of rates, desire in 
pursuance of authority vested in them to borrow money for the 
purpose of any work, or for the purpose of paying off any loan or 
debt, or for any other purpose, and it appea.rs to the Board and to 
the Treasury expedient that the repayment of the money to be 
borrowed shall be spread over a series of years, then from time to 
time up to the thirty-first day of December one thousand eight 
hundred and seventy-eight, with the approval of the Treasury, the 
Board may lend to the corporation, commissioners, burial board, or 
other public body, and they m^y borrow from the Board, such 
money ap the Board think fit, and a« the corporation, commis- 



Power for 
Board to lend 



&c. 



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1877. Metropolitan Board of Works (Money). Ch. 52. 279 

sioners, burial board, or other public body are authorised and deaire 
to borrow. 

The aggregate amount lent by the Board under this section shall 
not exceed fifty thousand pounds. 

The Board in order to raise money for purposes of this section 
may from time to time create consolidated stock. 

Money lent by the Board under this section shall, notwithstanding 
anything in any other Act, be repaid to them with interest within 
such time after the borrowing as the Board and the borrowers with 
the approval of the Treasury agree, not exceeding in case of a loan 
for purposes of improvements effected by the widening of streets or 
bri(^es or for the purpose of purchase of land in fee simple sixty 
years, and for any other purpose thirty years. 

In case of a loan required to be for not exceeding thirty years 
the Board shall from time to time carry to the consolidated loans 
fund such sums as the Treasury approve, as being in their opinion 
sufficient to redeem within the period for which the loan is made, 
not exceeding thirty years from the date of the creation of stock 
for purposes of this section, an amount of consolidated stock equal 
to that so created. 

Nothing in this section shall apply to the case of the managers 
of the Metropolitan Asylum District or of the School Board for 
London. 

14. The Board may from time to time up to the thirty-first day Extension of 
of December one thousand eight hundred and seventy-eight lend to ?"^°^^f^"°*' 
the managers of the Metropolitan Asylum District, in addition to Metropolitan 
the sum of five hundred thousand pounds authorised by section Asylum Dis- 
thirty-seven of the Metropolitan Board of Works (Loans) Act, 1869, *"*^*" 

and to the sum of one hundred thousand pounds authorised by 
section seventeen of the Metropolitan Board of Works (Loans^ Act, 
1 871, and to the sum of one hundred thousand pounds authorised 
by section seven of the Act of 1875, and to the sum of one hundred 
thousand pounds authorised by section ten of the Act of 1876, such 
Biuns as the managers are from time to time authorised by the Local 
Government Board to borrow in pursuance of the Acts in the first- 
mentioned section referred to not exceeding in the whole fifty 
thousand pounds, and the first-mentioned section shall be construed 
as if eight hundred and fifty thousand pounds were therein substi- 
tuted for five hundred thousand pounds, 

15. Notwithstanding anything in this Act, or in any other Act Board may 
relating to the Board, contained, the Board, with the consent of the [^^^ ""^''^^y ^^ 
Treasury, may fi'om time to time, as they think fit, raise any part 

of the moneys which they are by this Act authorised to raise, not 
exceeding in the whole the sum of four million six hundred and 
twenty-two thousand and seven pounds, by the issue of bills under 
this Act. 

16. A bill under this Act (in this Act referred to as a " Metro- Form and 
politan bill") shall be a bill in form prescribed by a regulation ign^J'and'"'' 
made in pursuance of this Act for the payment of the principal interest on 
sum named therein in the manner and at the date therein men- Afetropoiitan 
tioned, so that the date be not less than three nor more than twelve ^^*^*' 
months from the date of the bill. 

Interest shall be payable in respect of a Metropolitan bill at 



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280 Ch. 52. Metropolitan Board of Works (Money). 40 & 41 Vict. 

such rate and in such manner as the Board, with the consent of the 
Treasury, may direct. 
Payment of 17. All moneys raised by the issue of any MetropoKtan bills shall 

M^^^iiton ^ f^^ ^^ ^^® Board, and shall be expended by them for the pur- 
biiL, mV poses for which the same are by this Act auUiorised to be raised 
charge of bill respectively. The principal money and interest expressed in any 
dat^me!" Metropolitan bill fco be payable shall be charged on the consolidated 
rate, and shall be payable out of the said rate^ or as regards 
principal out of moneys raised by the creation of consolidated stock 
under this Act for the purpose for which such principal money has 
been expended, and as regards interest out of the consolidated loans 
fund. . 
Mode of issue ig. With respect to the issue of Metropolitan bills the following 
ofMetropohtan p^^^igi^ns shall have effect : 

(1.) Metropolitan bills shall be issued under the authority of a 
warrant sealed by the Board and countersigned on behalf 
of the Treasury : 
(2.) Each Metropolitan bill shall be for the amount directed by 

the Board : 
(3.) Each Metropolitan bill shall be sealed by the Board, the 
sealing being attested by the derk in his own name. 
Regulations to 19^ The Board may from time to time, with the consent of the 
the'S^d as to Treasury, make, and when made rescind, alter, and add to, regula- 
issae, cancel- tions for carrying into effect the provisions of this Act with respect 
lation, &c. of ^q Metropolitan bills, and in particular — 

biUsT^^^'^ (1.) For regulating (subject to the provisions of this Act) the 
preparation, form, mode of issue, mode of payment^ and 
cancellation of Metropolitan bills : 
(2.) For r^[ulating the issue of a new Metropolitan bill in lieu 

of one defaced, lost, or destroyed : 
(3.) For preventing, by the use of counterfoils or of a special 
description of paper or otherwise, fraud in relation to the 
Metropolitan bills : 
(4.) For the proper discharge to be given upon the payment of a 

Metropolitan bill : 

Every regulation purporting to be made in pursuance of this 

section shall be deemed to be within the powers of this Act, and 

shall have effect as if it were enacted in this Act. 

Power to create 20. For the purpose of paying off the principal money of any 

rt °1k^ Mti^ Metropolitan bUls the Board may raise any sum which they are by 

siupen^^' ^ this Act empowered to raise by the creation of consolidated stock 

whUe Metro- for the purposes for which such principal paoney has been expended, 

authoris^to ^^* exceecUng the amount of such principal money, but save as 

be raised. aforesaid the powers given to the Board by this Act to raise moneys 

for any purposes by the creation of consolidated stock shall be 

suspended to the amounts and for the periods to and for which 

moneys are for the time being authorised by the Treasury to be 

raised for such purposes respectively by the issue of Metropolitan 

bills. 

Application to 21. Sections eight, nine, ten, and eleven of the Act of the twenty- 

biSrof 24& 25 ^^"^^^ *^^ twenty-fifth years of the reign of Her present Majesty, 

Vict. c. 98. chapter ninety-eight, intituled " An Act to consolidate and amend 

SB. 8-11,, " the Statute Law of England and Ireland relatiog to indictable 



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1877. 



Metropolitan Board of WovJcs {Money), 



Ch. 52. 



" offences by forgery," (which sections relate to the forgery of and 
other frauds relating to Elxchequer bills,) shall apply to the Metro- 
politan bills, and shrill have effect as if " Exchequer bill " in those 
sections included '' Metropolitan bill/' 

22. The Board may enter into such arrangements with any l^ank 
approved by the Treasury for carrying into effec